A.Kalimuthu v. The State Of Tamilnadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18-12-2024
CORAM
THE HONOURABLE MR JUSTICE R. SURESH KUMAR AND THE HONOURABLE MR JUSTICE C. SARAVANAN CMP Nos. 25716, 25738 and 25730 of 2024 in CMP Nos.21664, 21666 and 21676 of 2024 in WA SR Nos. 124990, 124992 and 124991 OF 2024 A.Kalimuthu N.Kumar P.Roja ...
Petitioners Vs The State Of Tamilnadu, Rep. by the Chief Secretary to Government, Human Resources Management (FR-IV) Department, Fort St. George, Secretariat,Chennai - 600 009. and 5 Others ...
Respondents For Petitioners :
Mr. M.R. Jothimanian
ORDER
(Order of the Court was made by the Hon'ble R.Suresh Kumar J.) The petitioners herein though had paid the necessary court fee for getting certified copy of the order impugned dated 29.01.2024 made by the writ Court by way of a common order in W.P.Nos.36242 and 36256 and 36253 of 2024 and other connected writ petitions, the certified copy seems to have not been furnished by the Registry.
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2. When this matter came up for hearing earlier, we have given a direction by our order dated 12.12.2024 to the following effect: "
Registry is directed to put a note as to why the Registry is not furnishing the certified copy sought by the present petitioners, despite they having complied with the order passed by the Division Bench dated 14.10.2024 and paid the Court fee to the extend of Rs.1,67,250/- on 29.10.2024.
List these matters on 18.12.2024."
3. Pursuant to the said order, the office has put up a note stating that since it is a common order, Registry is unable to issue certified copies for the 28 writ petitioners, though they have paid the required court fee, as two of them have not yet paid the court fee.
4. Insofar as the right of the party to get certified copy of the order is concerned, once the court fee necessarily to be paid by them as calculated by the Registry is paid by the party concerned, they are entitled to get the certified copy.
5. The certified copy is the final authenticated document, which could be used for any purpose including filing of appeal and also for execution. 2/4
6. When that being so when certified copies are not issued merely for the reason that one or two parties have not paid the court fee for getting certified copies, if it is a common order, even though the draft copy is made ready by the Registry for delivery, the other litigants who are party to the copy of the order, though they have paid the entire or full court fee as demanded by the Registry, cannot be deprived of the certified copy of the order.
7. Therefore, we hereby direct the Registry to provide the certified copy of the common order dated 29.01.2024 made in W.P.Nos.36242 and 36256 and 36253 of 2024 etc., batch to the petitioners herein after verifying the fact that they have paid the necessary court fee, forthwith. Once the certified copy is issued, it is needless to mention that the same can be produced before this Court as and when it is required. Till such time, the production of the certified copy of the order can be dispensed with. Accordingly, these CMPs are ordered. (R.SURESH KUMAR J.) (C.SARAVANAN J.) 18-12-2024 KST Note : Issue order copy today (18.12.2024) 3/4
R.SURESH KUMAR, J.
AND C.SARAVANAN, J.
KST CMP Nos. 25716, 25738 and 25730 of 2024 in CMP Nos.21664, 21666 and 21676 of 2024 in WA SR Nos.
124990, 124992 and 124991 OF 2024 18.12.2024 4/4