Madras High Court
M/S.Rotary Club Of Salem Central ... vs The Registrar General on 1 August, 2024
Author: D.Krishnakumar
Bench: D.Krishnakumar
W.P.No. SR 66862 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.08.2024
CORAM :
THE HON'BLE MR.D.KRISHNAKUMAR, ACTING CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE K.KUMARESH BABU
W.P.No. SR 66862 of 2024
and W.M.P.Nos. SR 66864 and 66865 of 2024
M/s.Rotary Club of Salem Central (Registered),
rep. by its President Jayaseelan Gopalakrishnan,
20/4, SCCB Colony, Third Street,
Mahendrapuri, Salem-636 008. .. Petitioner-in
Person
Vs
1.The Registrar General,
Madras High Court, Chennai-600 104.
Email:[email protected]
2.The Judicial Registrar,
Madras High Court, Chennai-600 104.
Email:[email protected]
3.The Registrar (Vigilance),
Madras High Court, Chennai-600 104
Email:[email protected],
[email protected] .. Respondents
Prayer: Petition SR filed under Article 226 of the Constitution of India
seeking issuance of a writ of mandamus to declare if any orders in any
case before any bench of this Hon'ble Madras High Court issued in
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W.P.No. SR 66862 of 2024
contrary to Section 401(2) of the Code of Criminal Procedure, 1973
will be null and void.
For the Petitioner : Mr.Jayaseelan Gopalakrishnan
Party-in-person
ORDER
(Order of the Court was made
by the Hon'ble Acting Chief Justice)
Heard the President of M/s.Rotary Club of Salem Central,
namely, Mr.Jayaseelan Gopalakrishnan, who appeared virtually.
2. The petitioner has filed the present writ petition SR with the
following prayer:
“To issue of Writ of Mandamus to declare if any orders
in any case before any bench of this Hon'ble Madras
High Court issued in contrary to Section 401(2) of the
Code of Criminal Procedure, 1973 will be NULL and
VOID, and thus render justice.”
3. The petitioner has also filed two miscellaneous petitions, being
W.M.P.Nos. SR 66864 and 66865 of 2024 respectively with the
following prayers:
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W.P.No. SR 66862 of 2024
“To direct the respondent No.1 to fix a specific time
limit to Examine and Post for Admission of the
Appeals/Revisions/Petitions/Applications in Rule
No.159 of the Criminal Rules of Practice 2019. To
ensure compliance by respondent, we request that this
Hon'ble court include a compliance checking date in the
files of this writ petition. This will hold the
Respondents accountable for acting within the
stipulated time frame and thus render justice.”
“To direct the Respondents to take appropriate
departmental action against the Court Staffs who
violated the Criminal Rules of Practice 2019 while
considering my Application Crl.MP filing No.18045/2024
dated 27.03.2024 and grievances dated 10.04.2024 &
06.05.2024. Also to compensate us with an amount
considered appropriate by this Hon'ble Court. To
ensure compliance by respondents, we request that
this Hon'ble court include a compliance checking date
in the files of this writ petition. This will hold the
Respondents accountable for acting within the
stipulated time frame and thus render justice.”
4. After scrutinizing the case papers, the Registry has returned
the same to the petitioner and raised, inter alia, the following queries:
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W.P.No. SR 66862 of 2024
“It may be clarified as to how this Writ Petition is
maintainable for challenging the order passed if any
contrary to 401(2) of the Code of Criminal Procedure
1973 by seeking relief under Article 226 Constitution of
India.
Subject to maintainability-
1.Prayer needs clarification both Writ Petition and Writ
Miscellaneous Petitions and prayers seems to be
vague.
2.Since the matter deals with the Bench 2nd Set to be
filed.”
5. The petitioner re-presented the case papers with the following
endorsement:
“1.Cr.P.C. 401(2) Section prohibits to issue orders
without giving an opportunity to other person hearing.
If done so, will violate the fundamental right secured
under Articles 19, 14, 21 of other person. Any
orders/laws violates the fundamental rights of a
person will considered void as per Article 13. Hence,
this Writ Petition is maintainable. The relief sought also
valid.
2.The Original Writ Petition along with 4 copies
attached.”
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W.P.No. SR 66862 of 2024
6. Dissatisfied with the re-presentation endorsement of the
petitioner, after obtaining orders on the administrative side, the writ
petition SR and the writ miscellaneous petitions SR are listed under the
caption “for maintainability”.
7. In the affidavit filed in support of the writ petition, the
petitioner stated that, on 27.3.2024, the petitioner had filed an
application Crl.M.P.No. SR 18045 of 2024 to vacate the interim orders
passed against the petitioner, but the same has not been posted for
admission till 10.4.2024 despite the grievance mail sent by the
petitioner to the respondents demanding them to perform their duty.
8. According to the petitioner, respondents 1 and 2 did not give
proper response to the petitioner's grievance for numbering the
aforesaid Crl.M.P.No.SR 18045 of 2024. The unreasonable delay
caused violated the petitioner's fundamental rights enshrined under
Articles 14 and 21 of the Constitution of India.
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W.P.No. SR 66862 of 2024
9. On 30.07.2024, when the matter was taken up, this Court
directed the Registry to file a status report with regard to the
application filed by the petitioner in Crl.M.P.No. SR 18045 of 2024
before the Single Judge.
10. Today, when the matter is taken up under the caption “for
maintainability”, the status report of the Registry has been placed
before us in the sealed cover.
11. In the status report, it has been stated that Crl.M.P. SR
No.18045 of 2024 in Crl.RC.No.509 of 2023 has been filed by the
petitioner praying to vacate the interim orders passed by the High
Court in Crl.M.P.No.3920 of 2023 and Crl.M.P.No.3923 of 2023 in
Crl.RC.No.509 of 2023, dated 20.3.2023. The Registry has returned
the said petition on 26.4.2024 for the following reasons:
(i) Prayer needs correction
(ii)Cause Title needs correction
(iii)Endorsement to be made for other side service
(iv)Form-A, Form-B and ID Proof to be filed.
The petitioner-in-person re-presented the papers on 4.6.2024 stating
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W.P.No. SR 66862 of 2024
as under:
(i) Relief sought are in proper English with accurate
meaning.
(ii)Cause Title is correct, dispute is about rightled
ownership of title “Rotary Club of Salem Central”
managed by us through proper registration. The
accused cannot claim/use the title under any
manner.
(iii)Service process done through RPAD, Proof
already attached.
(iv)I am already conducting this case as Party-in-
Person as respondent for more than one year.
Hence, Form-A, Form-B is not necessary.
12. The report of the Registry further states that doubting about
the maintainability of the aforesaid Crl.M.P.No.SR 18045 of 2024, the
matter was placed with an office note before the roster Bench and the
roster Bench directed the Registry to list the said Crl.M.P. under the
caption “for maintainability”. Crl.M.P.No.SR 18045 of 2024 in
Crl.R.C.No.509 of 2023 was listed on 11.6.2024 and the same was
directed to be posted along with Crl.R.C.Nos.459 of 2024,
Crl.R.C.No.509 of 2023, Crl.M.P.No.3920 of 2023, Crl.M.P.No.4434 of
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W.P.No. SR 66862 of 2024
2024 and Crl.M.P.No.4436 of 2024 by the roster Bench. On
11.6.2024, the matter appeared as Item No.55 and it was adjourned
to 12.6.2024. On 12.6.2024, the matter appeared as Item No.59 and
it was adjourned to 2.7.2024. On 2.7.2024, the matter appeared as
Item No.30 and the same was adjourned to 9.7.2024. On 9.7.2024,
the matter appeared as Item No.50 and the same was adjourned to
23.7.2024. On 23.7.2024, the matter appeared as Item No.42 and
after hearing the parties, the roster Bench reserved the matter for
judgment.
13. At this stage, when this Court enquired the petitioner about
the listing of the matter, particularly, Crl.M.P.No.SR 18045 of 2024
before the learned Single Judge, the petitioner appearing in person
admitted the listing of the matter before the learned Single Judge.
The petitioner also submitted that after hearing the parties, the
learned Single Judge reserved for judgment on 23.7.2024 and the
judgment also came to be pronounced today (01.08.2024). We have
also verified the cause-list, wherefrom it is evident that the matter is
listed today by the learned Single Judge under the caption “for
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W.P.No. SR 66862 of 2024
pronouncing orders”.
14. It is beyond demur that the aforesaid petitions were taken
up on 18.7.2024, 25.7.2024 and 30.7.2024 respectively. However, the
petitioner has not stated about the listing of the matter, particularly
Crl.M.P.No.SR 18045 of 2024 before the learned Single Judge and its
hearing. At least, the petitioner should be fair enough to inform this
Court qua the hearing of Crl.R.C.Nos.459 of 2024, Crl.R.C.No.509 of
2023, Crl.M.P.No.3920 of 2023, Crl.M.P.No.4434 of 2024,
Crl.M.P.No.4436 of 2024 and Crl.M.P.No.SR 18045 of 2024 by the
learned Single Judge on 30.7.2024 when this Court directed the
Registry to file a status report. The petitioner has certainly not come
with clean hands and had not placed the correct facts before this
court. Such a conduct on the part of the petitioner is deprecated.
15. Further, qua the non-numbering of Crl.M.P.No.SR 18045 of
2024, the petitioner has made baseless and unfounded allegations
against the Registry and its officers in the affidavit filed in the support
of the writ petition. Filing such affidavit setting out vague and
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W.P.No. SR 66862 of 2024
unfounded allegations against the Registry and its officers is highly
contemptuous. That apart, the non-disclosure of the correct facts
before this Court by the petitioner and wasting the precious judicial
time of this Court warrants imposition of costs on the petitioner.
16. On an earlier occasion, viz., in W.P.No.21200 of 2024, vide
order dated 29.7.2024, the petitioner appearing in person, though
representing a different organization, was mulcted with cost of
Rs.20,000/- for filing a vague writ petition.
17. Hence, taking into account the conduct of the petitioner and
the unfounded allegations made against the Registry and its officers,
and considering the fact that the petitioner has not disclosed the
correct facts before this Court, we impose costs of Rs.10,000/-
(Rupees Ten Thousand only) payable by the petitioner to the Tamil
Nadu State Legal Services Authority within a period of two weeks from
the date of receipt of a copy of this order.
18. While sustaining the objection raised by the Registry qua the
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W.P.No. SR 66862 of 2024
maintainability, the writ petition and writ miscellaneous petitions SR
are rejected with costs imposed, supra.
19. At this juncture, the petitioner appearing in person,
requested this Court to delete the costs imposed on the petitioner by
saying that in future the petitioner will not file such affidavit setting
out unfounded allegations against the Registry and its officers. The
petitioner also undertakes to file an affidavit to that effect by
tomorrow.
Acceding to the request made by the petitioner appearing in
person, we direct the matter to be listed tomorrow (2.8.2024) only for
the purpose of filing an undertaking affidavit by the petitioner for
waiver of costs imposed.
(D.K.K., ACJ.) (K.B., J.)
01.08.2024
Index : Yes/No
NC : Yes/No
bbr
To:
1.The Registrar General,
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W.P.No. SR 66862 of 2024
Madras High Court, Chennai-600 104.
Email:[email protected]
2.The Judicial Registrar,
Madras High Court, Chennai-600 104.
Email:[email protected]
3.The Registrar (Vigilance),
Madras High Court, Chennai-600 104
Email:[email protected],
[email protected]
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W.P.No. SR 66862 of 2024
THE HON'BLE ACTING CHIEF JUSTICE
AND
K.KUMARESH BABU,J.
bbr
W.P.No. SR 66862 of 2024
01.08.2024
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