Judicial Function Emphasized; Registry Must List Cases Under "For Maintainability" Caption
In a significant move to streamline judicial processes, the Madras High Court has directed its Registry to number petitions even if there are doubts regarding their maintainability. This directive was issued in the case of M.Rajkumar v. Director General of Income Tax (Investigation) and others, where the court emphasized the judicial nature of determining maintainability, thus restricting the Registry from exercising such powers.
The judgment, delivered by Chief Justice Sushrut Arvind Dharmadhikari and Justice G.Arul Murugan, reinforces the separation of administrative and judicial functions within the court system. It mandates that all petitions filed should be numbered with an endorsement "numbered subject to maintainability" if they meet filing requirements, and subsequently listed before the Roster Judge for a decision on maintainability.
The court's decision stems from previous grievances raised by Bar Associations about the Registry's refusal to number cases, citing maintainability concerns. This issue had been addressed earlier in the Supreme Court case P.Surendran v. State, which clarified that maintainability judgments fall within the court's jurisdiction, not the Registry's.
Despite earlier resolutions by the Grievance Redressal Committee and circulars issued by the Registrar General, the practice of withholding case numbering persisted. The court reiterated its stance, citing precedents and Supreme Court directions, and emphasized that judicial functions cannot be delegated to administrative bodies like the Registry.
This judgment is expected to bring procedural clarity and efficiency, ensuring that legal practitioners and litigants face fewer administrative hurdles. The Registrar General has been instructed to circulate the order across all sections of the Registry to ensure compliance.
Bottom line:-
The Registry of the High Court cannot refuse to number a petition on the ground of maintainability as deciding the maintainability of a case is a judicial function within the purview of the Court.
Statutory provision(s): Judicial Function - Maintainability of petitions, Grievance Redressal Committee, Circular issued by Registrar General
