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2019 DIGILAW 3153 (MAD)

P. Rathinam v. State of Tamil Nadu Rep. By the Secretary to the Government, Home Department, Chennai

2019-11-15

N.ANAND VENKATESH, S.VAIDYANATHAN

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JUDGMENT : S. Vaidyanathan, N. Anand Venkatesh, JJ. The Party-in-person has sought to file a Writ Petition for a direction to the Respondents to furnish copies of the G.O.Ms.No.603 to 615, Home (Pri-IV) Department, dated 08.11.2019 on payment of charges, if any, at the earliest, as the Government of Tamil Nadu has ordered and released 13 Life Convicts, whose conviction and sentence of life had been confirmed by the Hon'ble Supreme Court of India on 22.10.2009. 2. Though the Writ Petitioner is an Advocate, the Writ Petition has been filed by him in the individual capacity as Party-in-person and therefore, the Registry has entertained doubts as to the maintainability of the Writ Petition in view of Rule 3(3) of The High Court of Madras (Conduct of Proceedings by Party-in-Person) Rules, 2019, which stipulates as under: “(3) Party-in-person means and includes a person who intends to plead, appear and argue his or her own case before the High Court not through an Advocate.” 3. To the query raised by the Registry, it was replied by the Party-in-Person that since he himself is an Advocate, having legal knowledge, there is no bar to appear as Party-in-Person in this case. 4. Since the Registry is not satisfied with the reply offered by the Party-in-Person, the matter is listed today before us under the caption “For Maintainability”. 5. According to the Petitioner, the Court has got the power to exercise its discretion to permit a litigant to appear in-person and conduct the proceedings in Court under Rule 10 of The High Court of Madras (Conduct of Proceedings by Party-in-Person) Rules, 2019. For the sake of convenience, Rule 10 is extracted here-under: “10. Discretion of Court to permit a litigant or other person to appear in-person:- Notwithstanding anything contained in these Rules, the concerned Court before which the matter lies, may, in its discretion, permit a litigant/s to appear in-person and conduct proceedings in Court.” 6. Generally, in cases of Public Interest Litigation, encroachment matters, bail & anticipatory bail matters, appeal against acquittal filed by the complainant, etc., the complainants/victims/affected persons would not have been made as a party to the proceedings and the encroachers and others will try to get an order behind the back of the complainants/affected persons. Generally, in cases of Public Interest Litigation, encroachment matters, bail & anticipatory bail matters, appeal against acquittal filed by the complainant, etc., the complainants/victims/affected persons would not have been made as a party to the proceedings and the encroachers and others will try to get an order behind the back of the complainants/affected persons. If the complainants/affected persons are not permitted to appear before the Court as Party-in-person, they will not be in a position to defend the matter in an effective manner and the Rules should not come in a way to prevent a complainant/affected person to represent a case before the Court. 7. It is appropriate to state here that when Rule 10 gives a discretionary power to the Court, it has got to be used liberally. The only requirement mentioned in the said Rule in respect of a Party-in-Person, is the filing of an undertaking under Form-B in the prescribed proforma annexed to the Rules in the light of Rule 8(b). Therefore, we are of the view that when a discretion is exercised by the Court in terms of Rule 10, in the matters indicated supra, Registry shall demand an undertaking in Form-B, so as to ensure that the decorum of the Court is maintained and no one can contend that Form-B is applicable to cases falling under Rule 8 and there is no need to furnish the undertaking. 8. With the observation, the objection raised by the Registry is overruled and the petitioner is permitted to file the Writ Petition in the capacity as party-in-person, provided an undertaking is given in the prescribed format along with photo identity proof and the current address with Mobile Number. On receipt of necessary undertaking and other connected documents from the petitioner, Registry is directed to number the Writ petition, if the papers are otherwise in order and list the matter for admission on 18.11.2019.