Madras High Court
P.Prabhudoss vs The District Collector on 6 July, 2021
W.P.(MD).No.11131 of 2021 etc and batch
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 06.07.2021
CORAM :
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
W.P.(MD).Nos.11131, 11132, 11136,
11137, 11147 & 11152 of 2021
P.Prabhudoss ...Petitioner
Vs.
1. The District Collector,
Thanjavur District, Thanjavur.
2. The Revenue Divisional Officer,
Revenue Division Office, Thanjavur.
3. The Tahsildar,
Boothapur Taluk, Boothalur,
Thanjavur District. ... Respondents
Prayer: Petition filed under Article 226 of the Constitution of India, to issue
a Writ of Mandamus, directing the third respondent to issue patta in the
petitioner's name in Survey No.400/1A in extent of 1 Acre agriculture land
situated at Maraneri Village, Megalathur Post, Boothalur Taluk, Thanjavur
District, based on the petitioner's representation, dated 07.06.2021.
For Petitioner : Mr.S.Senthil Sankaranatha Kumar
For Respondents : Mr.M.Lingadurai
Government Counsel
https://www.mhc.tn.gov.in/judis/
W.P.(MD).No.11131 of 2021 etc and batch
COMMON ORDER
These batch of writ petitions illustrates as to how writ petitions
are being filed before this Court seeking for the issue of a Writ of Mandamus
without any materials and by just giving a representation before the
respondents. A majority of the writ petitions that are filed before this Court
seek for the issue of a Writ of Mandamus and in most of the cases, this Court
finds that a representation is given just one week before filing the writ
petition and thereafter, a Writ Petition is moved before this Court.
2. The Hon'ble Supreme Court in the case of Government of
India and another Vs. P.Venkatesh reported in (2019) 15 SCC 613 had
commented very adversely on the mechanical disposal of writ petitions which
seek for disposing of representations. In fact, the appeal before the Hon'ble
Supreme Court went from this Court and the Hon'ble Supreme Court
commented that the dispose of representation Mantra is increasingly
permeating the judicial process in the High Courts. The relevant portion in
the Judgment is extracted hereunder:-
“8.This “dispose of the representation”
mantra is increasingly permeating the judicial
process in the High Courts and the Tribunals.
Such orders may make for a quick or easy disposal
of cased in overburdened adjudicatory institutions.
https://www.mhc.tn.gov.in/judis/
W.P.(MD).No.11131 of 2021 etc and batch
But, they do no service to the cause of justice. The
litigant is back again before the Court, as this case
shows, having incurred attendant costs and
suffered delays of the legal process. This would
have been obviated by calling for a counter in the
first instance, thereby resulting in finality to the
dispute. By the time, the High Court issued its
direction on 09.08.2016, nearly twenty-one years
had elapsed since the date of the death of the
employee.”
3. The Hon'ble Supreme Court in the case of C.Jacob Vs.
Director of Geology and Mining and another reported in (2008) 10 SCC
115 warned the High Courts and emphasized the need for circumspection and
care in issuing directions for “consideration of representation”.
4. In many cases, this Court finds that the litigants are using the
writ jurisdiction of this Court to dispose of the representation and in most of
the cases, this Court is acting like a Post Office. It is quite unfortunate that a
constitutional Court exercising its writ jurisdiction under Article 226 of the
Constitution of India is being engaged on a daily basis to dispose of stale
representations by mechanically issuing directions to various authorities to
consider the representations.
https://www.mhc.tn.gov.in/judis/
W.P.(MD).No.11131 of 2021 etc and batch
5. This attitude of mechanically disposing of writ petitions by
giving directions, is virtually eating up the valuable time of this Court and it
comes in the way of this Court disposing of genuine cases which are awaiting
for an effective hearing over a long period of time. In most of the cases, the
typed-set of papers contains a representation and an acknowledgement card
and this becomes a cause of action for filing a Writ Petition before this Court.
Such Writ Petitions virtually saps the energy of the Registry right from
numbering these writ petitions till making the order copies ready.
6. Sometimes, these innocuous directions issued by this Court
are also misused and it is taken by the Authorities as if a favourable order has
been issued and by virtue of the same, a person, who may not have any right
over the property, is issued with patta just by quoting orders passed by this
Court. This also sometimes comes in handy for the authorities to pass orders,
but for which there would be no scope for an order.
7. It is high time that this Court does some self introspection and
becomes more stern and strict while dealing with the relief seeking for
disposing of representations. At the end of the day, this Court should not
demean its status and act like a middleman between the petitioner and the
https://www.mhc.tn.gov.in/judis/
W.P.(MD).No.11131 of 2021 etc and batch
authority concerned. Unless this Court becomes more stringent in issuing
such directions, these Writ Petitions are going to eat the valuable time of this
Court and ultimately, the cases which require immediate attention will be left
to suffer delay. In many cases, it takes years together for a Writ Petition to be
taken up for disposal finally.
8. In the present batch of writ petitions, the petitioners are
claiming for issuance of patta in their names. This is on the ground that they
are in possession and enjoyment of the properties. What has been filed along
with the Writ Petitions is just one representation dated 07.06.2021 and an
acknowledgement card. If writ petitions of this nature are entertained by this
Court and orders are passed, a stage may come where people will take for
granted the powers of this Court under Article 226 of the Constitution of
India. This extraordinary power given to the High Courts cannot be wasted
in issuing useless directions.
9. This Court is forced to make all these observations in order to
send a message to the Bar that they must do some introspection before filing
such writ petitions and in future, if this Court finds that such writ petitions
are filed without any materials and the petitioners approach this Court
immediately after giving a representation and without giving any time to the
https://www.mhc.tn.gov.in/judis/
W.P.(MD).No.11131 of 2021 etc and batch
authorities to act upon it, this Court will be forced to dismiss those writ
petitions with costs.
10. It is really painful to take note of the fact that writ petitions
filed 10 years ago are pending before this Court without a final disposal and
this Court is not able to take up those cases because of mandamus cases
which consumes most of the time of this Court even at the stage of admission.
11. This Court does not find any merit in these writ petitions and
all these writ petitions lack any material and the petitioners have approached
this Court by just giving a representation and filing an acknowledgement
card. Such type of writ petitions can never be entertained by this Court and
accordingly, all these writ petitions are dismissed. No costs.
06.07.2021
Internet : Yes/No
Index : Yes/No
tsg
To
1. The District Collector,
https://www.mhc.tn.gov.in/judis/
W.P.(MD).No.11131 of 2021 etc and batch
Thanjavur District, Thanjavur.
2. The Revenue Divisional Officer,
Revenue Division Office, Thanjavur.
3. The Tahsildar,
Boothapur Taluk, Boothalur,
Thanjavur District.
NOTE:
In view of the present lock down owing to COVID-19 pandemic,
a web copy of the order may be utilized for official purposes, but,
ensuring that the copy of the order that is presented is the correct
copy, shall be the responsibility of the advocate/litigant
concerned.
https://www.mhc.tn.gov.in/judis/
W.P.(MD).No.11131 of 2021 etc and batch
N.ANAND VENKATESH, J.
tsg
Common Order made in
W.P.(MD).Nos.11131, 11132, 11136, 11137,
11147 & 11152 of 2021
Dated:
06.07.2021
https://www.mhc.tn.gov.in/judis/
