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"Utterly Meaningless Petition': Madras High Court Dismisses Plea To Resume Physical Functioning, Opening Of Lawyers Chambers

Nupur Thapliyal
9 Aug 2021 8:03 AM GMT
Utterly Meaningless Petition: Madras High Court Dismisses Plea To Resume Physical Functioning, Opening Of Lawyers Chambers
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Calling it an utterly meaningless petition filed by an uninformed lawyer, the Madras High Court recently dismissed a plea seeking resumption of physical hearings and opening up of lawyers chambers in Madurai bench.A division bench comprising of Chief Justice Sanjib Banerjee and Justice S Ananthi ordered thus:"Some form of physical hearing is possible upon permission being obtained. As far...

Calling it an utterly meaningless petition filed by an uninformed lawyer, the Madras High Court recently dismissed a plea seeking resumption of physical hearings and opening up of lawyers chambers in Madurai bench.

A division bench comprising of Chief Justice Sanjib Banerjee and Justice S Ananthi ordered thus:

"Some form of physical hearing is possible upon permission being obtained. As far as virtual hearing is concerned, the performance in Madurai appears to be much better than at the Principal Seat."
"This is an ill-advised and utterly meaningless petition made by an uninformed lawyer and against public interest." The Court said.

While dismissing the petition, the Court also ordered that the petitioner should exercise extreme restraint before invoking this extraordinary jurisdiction in public interest in future.

Further observing that the restrictions imposed during the second Covid wave have not been uplifted be in the State, the Court said that there is no conclusive scientific opinion as to when a third or subsequent surge may arrive. The Court also noted that the number of positive cases has been going up in neighbouring State at an alarming level over the last few days.

"This Court has continuously warned that in such a situation, in public interest and to safeguard the health of all concerned, one must err on the side of caution. As it is there is the experience of the havoc that has been wreaked by the second surge of the pandemic since the country was caught unawares." The Court said.

Appreciating the manner in which virtual hearings have been continued by Courts in the State, the Court said that cases have been taken up and disposed of by the Courts without dismissal or ex parte orders being passed.

"By and large, the substantial part of the working day is taken up by Judges sitting in Court, if not for the entirety of the working hours, without the Board being completed in certain cases." The Court said.

The petition was dismissed after observing that uninformed petitions of similar nature are eminently avoidable "if only to allow the Court to concentrate on matters which require its attention and not waste time on the frivolous and the fanciful."

Title: Ukkrapandiyan v. Registrar  Administration, Madurai Bench of Madras High Court & Anr.

Click Here To Read Order

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