Madras High Court
Manikandan vs Jeevanandham on 19 September, 2025
CRP No.4490 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19-09-2025
CORAM
THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN
CRP No.4490 of 2025
Manikandan
S/o.Periyasamy,
No.16(1), Middle Street, Naramangalam Village,
Perambalur Taluk and District.
Petitioner(s)
Vs
1.Jeevanandham
S/o.Thangasamy,
57/3B, Bharathidasan Nagar, Perambalur 12.
2.Magma HDI General Insurance Company Limited,
Trichy.
Respondent(s)
Civil Revision Petition filed under Article 227 of the Constitution of
India to direct the Chief Judicial Magistrate, Perambalur, to take up the
M.C.O.P.No.113 of 2023 and dispose it of at the earliest within a specified
period.
For Petitioner(s): Mr.K.Sathiyabal
1/7
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CRP No.4490 of 2025
ORDER
Seeking a direction for the speedy disposal of the case in
M.C.O.P.No.113 of 2023 on the file of Motor Accidents Claims Tribunal
(Chief Judicial Magistrate Court), Perambalur, the petitioner has preferred the
present civil revision petition.
2. The learned counsel appearing for the petitioner would submit that
the accident took place in the year 2022 and claim petition was filed in the year
2023 and the same is pending for more than two years, which causes great
hardship and irreparable loss to the petitioner, since he has lost his vision in
right eye and sustained multiple fractures all over the body. He would further
submit that the speedy disposal of M.C.O.P.No.113 of 2023 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:
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“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
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.”
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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:
“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 Chief Judicial Magistrate, Motor
Accidents Claims Tribunal, Perambalur, shall dispose of the case in
M.C.O.P.No.113 of 2023 within a period of four months from the date of
receipt of a copy of this order.
With the above observations, this civil revision petition stands disposed
of. No costs.
19-09-2025
Index:Yes/No
Speaking/Non-speaking order
Internet:Yes
Neutral Citation:Yes/No
nsd
To
The Chief Judicial Magistrate,
Motor Accidents Claims Tribunal,
Perambalur.
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M.JOTHIRAMAN J.
nsd
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19.09.2025
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