TO DISPENSE WITH THE 'DISPENSE WITH'

In my estimation 99% of the Petitions to dispense with the production of the original order, in filing the Writ Petitions for Certiorari are allowed. Similar is the case of Petitions to file a Single Writ Petition, when more than one Petitioners have to seek a common relief. Is it necessary for the sake of 1% of the Petitions, our Registry to spend its precious time, scarce manpower and limited funds?

If we don’t have the will to think of a procedure to dispense with this empty exercise, at least we can alter the procedure to save stationery, manpower and time. Instead of separate applications for dispense with the order or to seek to leave to file single writ petition, such prayers could be allowed to be prayed in the Writ Petition like

For the reasons stated in the accompanying affidavit, the Petitioner prays that this Hon’ble Court may be pleased to :
(a) dispense with the production of the original or the order in Na.Ka…..
(b) permit the Petitioners to file a single Writ Petition
(c) issue a Writ of Certiorari

The first two prayers can be considered at the time, when the Writ Petition is taken up for admission. If the Court denies the First prayer, the Writ Petition may be adjourned, granting time to the Petitioner to produce the original. In the case of Second prayer, the Writ Petitioner may be dismissed with liberty to file separate Writ Petitions or to accept it as for as the 1st Petitioner is concerned with a liberty to others to file separate Writ Petitions.

A Miscellaneous Petition takes up a minimum of 10minutes of time & manpower of an Advocate, his juniors and the Clerk. Then the manpowers of the Office Assistant who receives the application with seal and entry to that of the Stenographer who types the Order, an MP requires the time/manpower of several hands such as Scrutiny Officer, Docketing Assistant, Posting Clerk, Court Officer, Judge, Stenographer etc., etc., Think of the number of man hours we can save, particularly at a time, when we don’t have enough staff to do work in our Registry.

With my experience in Bombay, I would say that a single application will work for the prayers (i) to condone the delay in filing an application to set aside abatement (ii) to set aside abatement and (iii) to bring on record Legal Representatives, which we do in three separate applications here.

I request my brothers to point out the difficulties and if workable, the Association may take this up with the High Court Rule making committee

Madurai
22/12/13