In a letter to the Chief Justice of the Madras High Court, Senior Advocate Mathews J. Nedumpara revealed significant obstacles in filing writ petitions under Article 226, stating they’ve never been this severe in his four-decade career. He suggested reforms for better listings and improved virtual court access, urging immediate action for justice accessibility.
Chennai: Senior Advocate Mathews J. Nedumpara has written to the Chief Justice of the Madras High Court, highlighting severe difficulties in filing and listing writ petitions under Article 226 of the Constitution. The letter, written with “extreme pain and anguish,” sheds light on the challenges faced by lawyers and litigants seeking urgent relief.
The advocate, who has been practicing in the Madras High Court for over four decades, stated that he has never faced such obstacles in getting a matter listed.
“It is easier for a camel to go through the eye of a needle than for a petition under Article 226 to be brought up for hearing,”
he lamented.
He narrated a recent experience where his junior lawyer spent an entire week in Chennai trying to file and list two writ petitions related to recovery action against MSME clients. Despite multiple attempts to mention the matter before the Chief Justice, the efforts were unsuccessful.
Further, the senior advocate highlighted issues with the virtual court system. His local counsel’s request to unmute him during the hearing was denied, and despite assurances from registry officials, he was unable to address the court.
He emphasized that his struggle was not unique, stating:
“Lawyers across the board have the same complaint. The grievances are widespread, but no one dares to speak for fear of victimization.”
He pointed out that discretionary relief under Article 226 could be refused, making lawyers hesitant to raise concerns.
Advocate Nedumpara suggested two key reforms to simplify the writ petition process in the Madras High Court:
- List Writ Petitions at the Lodging Stage – He urged the court to adopt the Bombay High Court’s practice of listing petitions without requiring a final number. This would prevent unnecessary delays and provide litigants with immediate relief.
- Improve Virtual Court Accessibility – He stressed the need to enhance video conferencing infrastructure to make online hearings smoother and more accessible.
The advocate called upon the Chief Justice to take immediate action, stating:
“Your Lordship is a conscientious man and would unfailingly appreciate the difficulties lawyers and litigants face.”
He ended his letter with hope that the judiciary will address these pressing concerns and ensure better access to justice for all.
Read the Letter here:
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