Research › Search › Judgment

Madras High Court · body

2007 DIGILAW 3382 (MAD)

Tamil Nadu State Transport Corporation (Salem Division II) Ltd. v. Regional Transport Officer, Dharmapuri

2007-10-25

CHITRA VENKATARAMAN, K.RAVIRAJA PANDIAN

body2007
JUDGMENT K. RAVIRAJA PANDIAN, J. Learned counsel for the respondents produces the judgment of the Supreme Court reported in Mahanagar Telephone Nigam Ltd. v. Chairman, Central Board, Direct Taxes (2004) 6 SCC 431 , to the effect that the appeal is not maintainable, wherein, the Supreme Court held as follows: “Undoubtedly, the right to enforce a right in a Court of law cannot be effaced. However, Courts are overburdened with a large number of cases. The majority of such cases pertain to government departments and/or public sector undertakings. As is stated in Chief Conservator of Forests, Govt. of A. P. v. Collector Chief Conservator of Forests, Govt. of A. P. v. Collector Chief Conservator of Forests, Govt. of A. P. v. Collector AIR 2003 SC 1805 , : (2003) 3 SCC 472 : (2003) 2 MLJ 57 it was not contemplated by the framers of the Constitution or C.P.C. that two departments of a State or the Union of India and/or a department of the Government and a public sector undertaking fight a litigation in a Court of law. Such a course is detrimental to public interest. The mechanism set up by the Supreme Court is not only to conciliate between the government departments but also to ensure that frivolous disputes do not come before Courts without clearance from the High-Powered Committee. If it can, the High-Powered Committee will resolve the dispute. If the dispute is not resolved the Committee would undoubtedly give clearance. However, there could also be frivolous litigation proposed by a department of the Government or a public sector undertaking. This could be prevented by the High-Powered Committee. In such cases there is no question of resolving the dispute. The Committee only has to refuse permission to litigate. No right of the department/public sector undertaking is affected in such a case. The litigation of a frivolous nature must not be brought to Court. The Committee is constituted of high-placed officers of the Government, who do not have an interest in the dispute, it is thus expected that their decision will be fair and honest. Even if the department/public sector undertaking finds the decision unpalatable, discipline requires that they abide by it.” In view of the above decision, the writ appeal is dismissed as not maintainable. No costs. Writ appeal dismissed.