CHENNAI: Tamil Nadu government departments are now in a fix. They will now have to cite reasons for the delay in filing counters in the cases in which they have failed to meet the three-month deadline from the notice date. It is learnt that the state has sought action-taken reports over the delay in filing counters.
This comes after the Madras High Court has directed the HC Registrar General to issue instructions to the registry that in the event of not filing counter-affidavits or documents by the respondents or litigants within the time limit of three months as stipulated in Rule 3-A of the rules to regulate proceedings under Article 226 of the Constitution, the litigants or respondents have to explain reasons for such delay in the affidavits.
Rule 3-A has not been incorporated by the HC in the Rule Nisi Notice, which is to be issued to the parties in the writ petition. Despite amendment during 1965, till today, the said rule has not been incorporated into the Rule Nisi Notice being issued by the HC.
Sources said all secretaries to the state government departments had been informed to ensure the counter-affidavits and relevant documents were filed within the three-month period. It is learnt that most departments have more than 10-year old cases without filing counter-affidavits.
This comes despite the state setting up a Court Case Monitoring System (CCMS) to monitor cases pending against the departments or officials concerned. The CCMS, which was created after more than 19,000 contempt of court petitions were pending against Tamil Nadu government officials in the HC and the Madurai Bench between 2010 and February 16, 2014, revealed in 2017 that counters were yet to be filed in 13,000 cases.