Expressing dismay over case bundles gathering dust due to non-filing of counter affidavits by government entities for years together, the Madras High Court has impressed upon the need to fix a time limit for filing such affidavits. The court has directed its Registrar General to restore a rule which mandates filing of counters to writ petitions too within three months.
Justice S.M. Subramaniam issued the direction on a writ petition filed by Nallasura Ravi Reddy of Gummidipoondi in Tiruvallur district in 2016. Though the petitioner had sought to quash an order passed by a Tahsildar refusing to issue patta for a piece of land, the case could not be disposed of fore more than two years for want of a counter affidavit by the Tahsildar.
Stating that it was not an isolated incident and that he had been coming across several old cases in which counter affidavits were yet to be filed, the judge said, it had become a routine affair for the counsel representing the government entities to seek adjournments after adjournments for filing of counter affidavit thereby wasting judicial time.
He suspected that in some cases, officials might not be filing counter affidavits wantonly in order to assist the petitioners to obtain ex-parte orders. “Such circumstances should not cause any prejudice to public interest. When the State is not representing its case, then it is to be construed that the “State” fails in its duty to protect the Constitutional mandates and perspectives.
“Thus, it is very much important to ensure that counter statements are filed by the respondent officials within a reasonable period of time enabling this Court to adjudicate the cases properly when they are taken up for final hearing,” the judge said.
He recalled that the High Court rules contained a provision which required government entities to file counter affidavits within three months from the date of receipt of court notice. However, that rule had been suspended on July 2, 2013 and the reason for such suspension was not known even to the incumbent officials in-charge of the High Court Registry.
The judge directed the Registrar General to initiate appropriate action for either restoring the rule that was already in existence or bringing in a new rule. He directed the Registry to post the present petition on Wednesday.