Madras High Court
Mr.Edwin Pichaya Samuel vs Mr.M.Shanmugam on 10 September, 2025
C.R.P.No.4257 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.09.2025
CORAM
THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN
C.R.P.No.4257 of 2025
Mr.Edwin Pichaya Samuel ...Petitioner
Vs.
1.Mr.M.Shanmugam
2.Thangaraj
3.The District Registrar,
No.81, Old Hospital Road,
Near Daily Santhai,
Gobichettipalayam Taluk,
Erode District. ...Respondents
Prayer: Civil Revision Petition filed under Article 227 of Constitution
of India, to dispose of the O.S.No.226 of 2022 pending on the file of the
Hon'ble Subordinate Judge at Perundurai within a stipulated time fixed
by this Hon'ble Court.
For Petitioner : Mr.M.Jeeva
For Respondents : Mr.R.Kumaravel for R3
Additional Government Pleader
1/6
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C.R.P.No.4257 of 2025
ORDER
Seeking a direction for the speedy disposal of the case in
O.S.No.226 of 2022 on the file of the Subordinate Judge, Perundurai, the
petitioner has preferred the present Civil Revision Petition.
2.Learned counsel appearing for the petitioner would submit that
the case is of the year 2022 and the same is pending for more than three
years, which causes great hardship and irreparable loss to the petitioner.
He would further submit that the speedy disposal of O.S.No.226 of 2022
is just and necessary.
3.It is pertinent to mention that High Court cannot issue such
directions for speedy disposal unless there is a justification (or)
acceptable reasons for issuing any such directions. It is relevant to cite
the judgment of this Court in S.Baby Vs. S.Sakkubai Ammal reported in
2023 SCC OnLine Mad 674, wherein, it has been held in paragraph
Nos.11 and 12 as follows:
“11. In the event of issuing direction in Civil Revision
Petitions for speedy disposal without considering the number of
cases pending in a particular Court on Board, it will result in
discrimination against many other litigants, who all are waiting
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for disposal of their respective cases. There are allegations
against the Courts that the cases are selectively picked up and
disposed of. The plight of the poor and downtrodden are also to
be taken into consideration, while disposing of the cases. The
Court shall not pave way for such feeling to the litigants. The
trust on the Judicial System is the Hallmark and any form of
favouritism, nepotism or otherwise even in the matter of hearing
of cases selectively will have larger repercussions on the system.
No doubt certain cases are to be disposed of urgently, if there is a
public interest involved or the litigants are able to establish
genuine urgency for early disposal of the cases. Such cases alone
are to be given priority.
12. The practice of giving preference to any litigation
without any justification at all circumstances to be avoided.
Every litigant approaching the Court of Law is waiting for justice
and thus, it must be done in a consistent manner and without
discriminating the litigants. Therefore issuing directions
indiscriminately for speedy disposal of cases would do no service
to the cause of justice. Every urgency cannot be considered for
issuing a direction for speedy disposal, and the urgency, which is
imminent alone to be considered.”
4.It is also relevant to cite the judgment of the Hon'ble Supreme
Court in Sangram Sadashiv Suryavanshi Vs. The State of Maharashtra
reported in 2024 INSC 899, wherein, it has been held as follows:
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“In paragraph 47.3 of the decision of a Constitution
Bench of in the case of ‘High Court Bar Association, Allahabad
vs. State of Uttar Pradesh & Ors. reported in (2024) 6 SCC 267,
this Court has held that in the ordinary course, the Constitutional
Courts should refrain from fixing a time-bound schedule for the
disposal of cases pending before any other Courts. Paragraph
47.3 reads thus:
“47.3. Constitutional courts, in the ordinary course,
should refrain from fixing a time-bound schedule for
the disposal of cases pending before any other courts.
Constitutional courts may issue directions for the
time-bound disposal of cases only in exceptional
circumstances. The issue of prioritising the disposal of
cases should be best left to the decision of the courts
concerned where the cases are pending;” (underline
supplied)
A direction which can be issued in exceptional circumstances is
being routinely issued by High Courts without noticing the law
laid down by the Constitution Bench.”
5.By applying the ratio laid down in the above judgments, fixing a
time-bound schedule for the Court below to dispose of the cases pending
therein is not warranted. The Court concerned is expected to regulate its
own procedure in respect of the cases on board for effective disposal and
to ensure that the cases are disposed of within a reasonable period of
time.
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6.In view of the same, the learned Subordinate Judge, Perundurai,
shall dispose of the case in O.S.No.226 of 2022 as expeditiously as
possible.
7.With the above observations, this Civil Revision Petition stands
disposed of. No costs.
10.09.2025
Index : Yes/ No
Speaking (or) Non Speaking Order
Neutral Citation: Yes/No
pam
To
1.The Subordinate Judge,
Perundurai.
2.The District Registrar,
No.81, Old Hospital Road,
Near Daily Santhai,
Gobichettipalayam Taluk,
Erode District.
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M.JOTHIRAMAN, J.
pam
10.09.2025
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