The Tamil Nadu Circle v. The High Court

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.03.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY The Tamil Nadu Circle Postal Co-operative Bank Limited No.18/19, Jahangir Street 2nd Line Beach, Chennai - 600 001 Rep. by its Secretary-in-charge G.Sivakumar ..

Petitioner Vs.

1. The High Court Madras - 600 104 Rep. by its Registrar General.

2. The City Civil Court Madras - 600 104 Rep. by its Registrar.

3. The Collector Chennai District, Chennai - 600 001.

..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus, directing the 2nd respondent Registry to either accept the hard copy with court fee (stamp papers) and process the suit(s) filed by the petitioner bank against (1) the Senior Superintendent, Railway Mail Service, Chennai 03 and 2 others , (2) the Senior Superintendent , RMS MA Division, Madurai and 2 others,

and (3) The Senior Superintendent of Post Offices, Ramanathapuram and 2 others or to accept the court fee(stamp papers) as one time exemption by allowing the petitioner bank to file the suit through online.

For the Petitioner : Mr.R.Malaichamy For the Respondents : Mr.V.Vasantha Kumar for R1 and R2 Mr.C.Kathiravan Special Government Pleader for R3

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.R.Malaichamy, learned counsel for the petitioner, Mr.V.Vasantha Kumar, learned counsel for respondents 1 and 2 and Mr.C.Kathiravan, learned Special Government Pleader for respondent 3.

2. Learned counsel for the petitioner submits that the petitioner filed hard-copy of the plaint, along with the court fees, however Registry did not accept it on the ground that from 01.09.2023, mandatory e-filing was introduced. Learned counsel for the petitioner further submits that the court fees paid is with the petitioner.

3. The petitioner has already filed a representation to the District Collector. The procedure is prescribed for refund of the unused judicial e-stamp which is not presented in the court. According to the learned counsel for the petitioner, the stamps are not defaced. The respondent authorities may take a decision on the representation filed by the petitioner for refund of the amount, for which the judicial stamp papers were purchased. The petitioner shall abide by the necessary procedures for getting the refund of the amount used to purchase the judicial stamp.

4. The writ petition, as such, stands disposed of. There shall be no order as to costs. Consequently, W.M.P.No.8742 of 2024 is closed. (S.V.G., CJ.) (D.B.C., J.) 26.03.2024 Index :

Yes/No :

Yes/No drm

To

1. The Registrar General The High Court Madras - 600 104.

2. The Registrar The City Civil Court Madras - 600 104.

3. The Collector Chennai District, Chennai - 600 001.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(drm) 26.03.2024