8.This apart, the learned counsel for the writ petitioner across the Bar made a submission that the copy of the orders / judgments are supplied belatedly to the petitioners and to the respondents, by the Registry, High Court. Such complaints are frequently received from the members of the Bar, more specifically, when certain urgent orders / judgments are passed. The Registry is preparing and issuing the certified copy of the orders / judgments and on account of delay, the orders / judgments are unable to be implemented in time inspite of the directions issued by the Court. The general complaint at large by the members of the Bar are that there is an enormous delay in issuing the certified copy of the orders / judgments by the Registry of the Hon’ble High Court of Madras.
9.The fact regarding the large number of pendency of cases before the Courts cannot be brushed aside. It may be practically difficult for the Registry, High Court to issue the certified copy of the orders / judgments in all cases within a short span of time. However, the Registry has the option to segregate the orders / judgments based on the urgency and considering the nature of the orders and accordingly, issue the certified copy of the orders to avoid inconvenience both to the litigants as well as to the learned counsels appearing for the parties. This is one way of minimizing the problem. However, the same may not be sufficient to fulfill the requirements of the litigants and the learned counsels appearing for the parties. Thus, it is necessary to provide an alternate mechanism, which is very much available within the domain of the Hon’ble High Court. Soon after the original copy of the judgments / orders are signed by the respective Hon’ble Judges, the said orders / judgments are being uploaded in the official website of the Hon’ble High Court of Madras in www.hcmadras.tn.nic.in. Once the judgments / orders are uploaded in the official website of the Hon’ble High Court of Madras, the same are made available for all in the public domain. The orders / judgments can be downloaded by the respective parties or by any other person.
10.It is needless to state that even the Government orders / instructions are now uploaded in the Government official website, enabling the Subordinate officials and the public at large to download such orders and act accordingly or to utilize the same for their benefit. This being the practice already in force, more specifically, for a considerable length of time, such a procedure shall be adopted in respect of the orders / judgments passed by the High Court also.
11.In this regard, the judgments / orders signed by the Hon’ble Judges, shall be uploaded in the official website of the Hon’ble High Court of Madras without causing any undue delay and at the earliest possible. The respective learned counsels appearing for the parties to the lis can download the orders / judgment copies from the official website of the Hon’ble High Court of Madras and the copy of the order shall be attested with the Name and Seal of the learned counsel on record along with the enrollment number and communicate the same to all the parties concerned for implementation of the orders / judgments of this Court. In the event of communicating any such orders / judgments downloaded and printed from the official website of the Hon’ble High Court of Madras, the authorities concerned / competent are bound to receive the same and verify the authenticity of the copy of the order with the official website of the Hon’ble High Court of Madras and thereafter, initiate action for effective implementation without any further delay.
12.It is clarified that the authorities concerned cannot reject or refuse the printed copy of the downloaded orders / judgments communicated by the respective learned counsels. All concerned officials are directed to acknowledge all such orders / judgments and act accordingly. In the event of any violation in this regard, the persons aggrieved are at liberty to approach the Court by filing an appropriate application for violation of the Court orders / judgments.
13.In this view of the matter, the Registry, High Court of Madras also shall ensure that the orders / judgments signed by the Hon’ble Judges shall be uploaded in the official website immediately and without any delay.
14.The copy of this order is directed to be communicated to the Chief Secretary to Government of Tamil Nadu, Fort St.George, Chennai – 600 009, who in turn is directed to issue a circular to all the Departments / Subordinate officials to ensure that the attested downloaded order / judgment copies received by them shall be responded properly and the officials concerned shall act based on the attested copies by verifying the same with the official website of the Hon’ble High Court of Madras in www.hcmadras.tn.nic.in
15.The Registrar General, High Court of Madras is also directed to issue a circular / suitable instructions to all the Subordinate Courts and the officials to follow the said procedure in respect of the orders / judgments passed by the Hon’ble High Court of Madras.
16.Thus, the Chief Secretary to Government, State of Tamil Nadu, Fort St.George, Chennai – 600 009 and the Registrar General, High Court of Madras are directed to issue such consolidated instructions / circulars to all concerned within a period of four weeks from the date of receipt of a copy of this order.
17.With these directions, the writ petition stands disposed of. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed.
PARTY: P.Gunasekara Senthil vs 1.The Assistant Electricity Engineer, (Operation and Maintenance) Tamil Nadu Generation and Distribution Corporation Limited(TANGEDCO) Palayakottai, Kangeyam Taluk, Kangeyam, Tiruppur District. – W.P.No.5 of 2019 and W.M.P.No.5 of 2019 – 08.01.2019
Source: https://www.mhc.tn.gov.in/judis/index.php/casestatus/viewpdf/434953
Courtesy: Advocate Mr.Sivakumar, Ariyalur, Tamilnadu.
