Madras High Court
B.Ramaiah vs The Registrar General on 3 November, 2023
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
W.P.(MD)No.14180 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 03.11.2023
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
AND
THE HONOURABLE MRS.JUSTICE R. KALAIMATHI
W.P.(MD)No.14180 of 2023
B.Ramaiah ... Petitioner
Vs.
1.The Registrar General,
High Court of Madras,
Chennai.
2.The Registrar (Judicial),
Madurai Bench of Madras High Court,
Madurai-625 023.
3.The Principal District Judge,
Ramanathapuram.
4.The Superintendent of Copy Section,
Principal District Court,
Ramanathapuram. ...Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a
Writ of Mandamus, to direct the respondents 3 and 4 to issue the printed copies of
the judgment and decree dated 31.01.2014 passed in O.S.No.155 of 2010 on the
file of the District Munsif Court, Ramanathapuram and the printed copies of the
judgment and decree dated 26.08.2015 passed in A.S.No.28 of 2014 on the file of
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W.P.(MD)No.14180 of 2023
the Subordinate Court, Ramanthapuram within a time frame that may be fixed by
this Court.
For Petitioner : Mr.T.R.Jeyapalam
For Respondents : Mr.N.Tamil Mani
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM, J.) The writ petition on hand has been instituted to direct the respondents 3 and 4 to issue printed copies of judgement and decree, dated 31.01.2014 passed in O.S.No.155 of 2010 on the file of the District Munsif Court, Ramanathapuram and the printed copies of the judgment and decree, dated 26.08.2015 passed in A.S.No. 28 of 2014 on the file of the Subordinate Court, Ramanthapuram within the time frame.
2.The vendor of the petitioner instituted a civil suit in O.S.No.155 of 2010 on the file of the District Munsif Court, Ramanathapuram for declaration and consequential decree of permanent injunction and for other incidental reliefs. The suit was decreed against the vendor of the writ petitioner and the vendor had preferred an appeal suit in A.S.No.28 of 2014 on the file of the Sub Court, Ramanathapuram. The said appeal was also dismissed on 26.08.2015. 2/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.14180 of 2023
3.The vendor of the writ petitioner submitted an application seeking printed copies of the judgement and decree passed by the trial Court as well as the First Appellate Court enabling her to file a second appeal before this Court. The application was submitted in C.A.No.1984 of 2015 on 28.08.2015. The printing charges had been called for by the copies section attached to the Principal District Court, Ramanathapuram and the amount had also been deposited on 23.09.2015.
4.The husband of the petitioner passed away. All her children are residing in Malaysia. The petitioner is now aged about 73 years and a senior citizen. Narrating all the facts and circumstances, the petitioner submitted a representation to issue printed copies of the judgment and decree of the trial Court and the First Appellate Court. Since the same was not considered, the petitioner is constrained to move the present writ petition.
5.The learned Principal District Judge, Ramanathapuram in his letter dated 17.10.2023 stated that totally 169 judgments of the Sub Court, Ramanathapuram were sent to Surya Offset Printers for printed copies. So far, periodically, they have received the printed copies of judgments covering serial 3/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.14180 of 2023 Nos.1 to 80. The remaining printed copies are yet to be received from the printing press. Thus, there is a delay in suppling the printed copies of the judgment and decree to the petitioner.
6.We have considered the facts of the case. The delay on the part of the Court in issuing printed copies of the judgment and decree is enormous and shocking to the conscious of this court. The parties though submitted an application in the year 2015, they had not received the printed copies of the judgement and decree for about 8 years. Even after the filing of the present writ petition, the copies are not supplied. The delay would cause prejudice. Therefore, we are of the considered opinion that necessary instructions are to be issued to the respective learned Principle District Judges to make arrangements and to issue printed copies of the judgement and decree within a reasonable period of time and in the event of any delay on the part of the printing press concerned, an alternative arrangements are to be made to ensure that the printed copies are supplied to the litigants on time.
7.The delay of 8 years in issuing printed copies of the judgment and decree is unacceptable. In the present case, the learned counsel for the 4/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.14180 of 2023 respondents made a submission that the printed copies of the judgment and decree sought for by the petitioner herein will be supplied to him within a period of four (4) weeks from today and we direct the respondents to comply with their undertaking, since the petitioner is a senior citizen and aged about 73 years.
8.Taking note of the prevailing situation in the matter of issuance of printed copies of judgement and decree to the litigants, we direct the Registrar (Judicial), Madras High Court to issue suitable instructions to all the learned Principal District Judges to ensure that the printed copies of the judgement and decree are delivered as expeditiously as possible and within a reasonable period of time.
9.Accordingly, the Writ Petition is allowed with the above directions. No costs.
(S.M.S., J.) & (R.K.M., J.)
03.11.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
ta
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W.P.(MD)No.14180 of 2023
S.M.SUBRAMANIAM, J.
AND
R. KALAIMATHI, J.
ta
To
The Principal District Judge,
Ramanathapuram.
Copy to
1.The Registrar General,
High Court of Madras,
Chennai.
2.The Registrar (Judicial),
Madurai Bench of Madras High Court,
Madurai-625 023.
3.The Registrar (Judicial),
Madras High Court,
Madurai-625 023.
W.P.(MD)No.14180 of 2023
03.11.2023
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