Madras High CourtREV.APLW/143/2019dismissed

L.Muruganantham v. State Of Tamil Nadu

2019-07-23Honourable Dr Justice Vineet Kothari,Honourable Mr Justice C.V. Karthikeyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.07.2019

CORAM

THE HONOURABLE DR. JUSTICE VINEET KOTHARI AND THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN Rev.Apln.No.143/2019 & WMP.No.20132/2019 L.Muruganantham .. Petitioner Vs 1.State of Tamil Nadu represented by its Secretary to Government-in-Charge Law Department, Secretariat, St George Fort, Chennai 600 009.

2.State of Tamil Nadu represented by its The Principal Secretary to Government Home [Courts] Department, Secretariat, St. George Fort, Chennai 600 009. 3.Union of India represented by its Secretary, Department of Justice Ministry of Law and Justice, New Delhi 110 001. 4.State of Tamil Nadu represented by its The Principal Secretary to Government Welfare of Differently Abled Persons, Secretariat, Fort St George, Chennai 600 009.

5.Union of India represented by its The Secretary, Department of Empowerment of Persons with Disabilities, Ministry of Social Justice and Empowerment Shastri Bhawan, New Delhi 110001.

6.Union of India represented by its Secretary, Department of Electronics and Information Technology, Ministry of Electronics and Information Technology, [Govt. of India] Electronics Niketan, 6, CGO Complex, Lodhi Road, New Delhi 110003.

7.The Registrar General, Madras High Court Parrys, George Town, Chennai, Tamil Nadu 600 104. 8.The Registrar [Judicial], Madras High Court Parrys, George Town, Chennai, Tamil Nadu 600 104. 9.The Registrar [Administration], Madras High Court Parrys, George Town, Chennai, Tamil Nadu 600 104. .. Respondents Prayer: Review Application filed u/s.114 read with Order 47 of the Code of Civil Procedure, 1908, against the order dated 22.01.2019 made in WP.No.24341/2017.

For Petitioner :

No Appearance For Respondents :

No Appearance

ORDER

[Order of the Court was delivered by DR.VINEET KOTHARI, J.,] None present.

The review petitioner Mr.L.Muruganantham, had filed the writ petition/Public Interest Litigation which came to be disposed of by a Division Bench of this Court where one of us [Dr.VINEET KOTHARI, J.] was a party, on 22.01.2019 and a considered order was passed in the following terms:- ''5 We do not think that a special and dedicated e-system deserves to be separately developed or dedicated for catering the needs of the Persons with Disabilities covered by the ambit and scope of 2016 Act under the directions of this Court. The petitioner as well as persons belonged to the said class, of course, are also entitled to avail these video conferencing and other facilities like any other persons or citizens in the system already in place and which is being implemented under the various schemes in the Court system.

Therefore, we are not inclined to entertain this writ petition as a separate PIL for monitoring this aspect of the matter, keeping in view the class of Disabled Persons as a special class

with reference to section 12 of the said Act of 2016. We, however, give liberty to the petitioner as well as to other such persons belonging to the said class to avail these facilities of the court system in the State in the same manner as the others are doing and if they face any difficulty in this regard, they may bring individual cases or grievances to the notice of the concerned Registrars in the High Court as well as in the District Courts and such Authorities may dispose of their representations after providing them suitable opportunity of hearing. With this liberty and observation, the present writ petition is closed. No costs.''

The present review petition has been filed by the writ petitioner/party-in-person, seeking review and modification of the order passed by the Division Bench on 22.01.2019.

On the last occasion also, i.e., 10.07.2019, Mr.L.Muruganantham, petitioner/party-in-person, who is a practicing Advocate in this Court, was not present. But, taking a lenient view of the matter, this Court condoned the delay of 20 days in filing the review petition to consider the review application on the date of admission which was fixed today.

Today again, the said Mr.L.Muruganantham, Petitioner/Partyin-person is not present in the Court. Thus, we draw an adverse inference and presume that he is not interested in pursuing this review petition. Considering the averments made in the review application also and the order dated 22.01.2019, we are of the view that there is no apparent mistake in the order dated 22.01.2019 which was a considered and detailed order and liberty was also given to the writ petitioner/Partyin-person to bring the specific and individual grievance to the notice of the concerned Registrars of the High Court as well as the District Courts, who may dispose of such representation, after providing him a suitable opportunity of hearing.

Therefore, the present review application is found to be devoid of merits and is liable to be dismissed. Accordingly, the review application is dismissed at the admission stage. No costs. Consequently, connected miscellaneous petition is also closed. [V.K., J.] [C.V.K., J] 23.07.2019 Internet : Yes AP NOTE:- Copy of the order is to be sent to all parties concerned.

DR.VINEET KOTHARI,. J & C.V.KARTHIKEYAN., J AP To 1.Secretary to Government-in-Charge State of Tamil Nadu , Law Department, Secretariat, St George Fort, Chennai 600 009.

2.The Principal Secretary to Government State of Tamil Nadu, Home [Courts] Department, Secretariat, St. George Fort, Chennai 600 009. 3.Secretary, Union of India, Department of Justice Ministry of Law and Justice, New Delhi 110 001. 4.The Principal Secretary to Government State of Tamil Nadu Welfare of Differently Abled Persons, Secretariat, Fort St George, Chennai 600 009. 5.The Secretary, Union of India, Department of Empowerment of Persons with Disabilities, Ministry of Social Justice and Empowerment Shastri Bhawan, New Delhi 110001.

6.The Secretary, Union of India, Department of Electronics and Information Technology, Ministry of Electronics and Information Technology, [Govt. of India] Electronics Niketan, 6, CGO Complex, Lodhi Road, New Delhi 110003.