Writ Rules
The High Court of judicature at Madras made the ‘Madras High Court Rules, 2021’ which came into effect from 08.09.2022 which shall apply to all proceedings under Article 226 of the Constitution of India, filed in the Madras High Court after 08.09.2022. This rule repeals the earlier rules framed.
Form of petition
- A petition for directions, orders or writs under Article 226 of the Constitution of India including writ of habeas corpus, mandamus, prohibition, declaration, quo warranto, certiorari or certiorarified mandamus shall be in the form of petition.
- The petition shall be accompanied by an affidavit setting out the facts, contentions and grounds.
- A petition may contain multiple or alternate reliefs arising from same cause of action, in addition to one or more or consequential reliefs.
- Separate Court fee shall be paid for each multiple relief, but not for ancillary or consequential reliefs. The Court may direct to file separate petition in respect of multiple relief.
- The petition shall be signed the petitioner or his Advocate. If Advocate signs he shall record his name, his roll number in the rolls of Bar Council in which he is registered below the signature.
- The interim relief and the final reliefs shall be in the penultimate and the last para of the common affidavit.
- The deponent of the affidavit shall be identified with full name, parent/spouse’s name, age, profession or trade and the official or the residential address.
- The affidavit shall mention whether the statements made are based on personal knowledge, information or belief. If it is based on oral information the same shall disclose the source of information and if it is based on records the affidavit shall give sufficient particulars of such records.
- Mandatory statements in the affidavit in support of the petition-
- that the petitioner does not have any other alternate or equally efficacious remedy except to file the writ petition;
- that the petitioner has not filed any other legal proceedings on the same cause of action and for the same relief;
- disclosing the details of legal proceedings, if any, relating to the same subject matter, either pending or disposed;
- whether or not the petitioner has received notice of any caveat, if applicable.
- If the writ petition is filed on the representative capacity the affidavit shall give necessary particulars to show the petitioner is competent to file the writ petition in the representative capacity.
- The deponent shall sign at the foot of each page and in the jurat at the last page.
- The deponent shall authenticate whatever the corrections or alterations by subscribing his initial adjacent every such alteration. The affidavit without such authentication shall not be used without the leave of the Court. If numerous alterations are there the Registry shall require a clean copy to be filed.
- Every affidavit in support of petition shall be duly attested by an Advocate, notary or Commissioner of Oaths.
- If the deponent is ignorance of the language in which the affidavit is written or illiterate or blind the attestor shall have read over to him in a language which he understands.
Paper book
- The petition and affidavit shall be drawn up on both sides of A4 paper not less than 75 GSM or any other quality as prescribed from time to time.
- A writ petition shall be filed in duplicate if it is to be heard by a Single Judge and in triplicate if it is heard by a Division Bench in the form of paper book.
- Synopsis of the case along with a list of important dates and events and brief discussion of the impugned order.
- Writ petition.
- Affidavit in support of the writ petition.
- Writ miscellaneous petition, if any and affidavit in support of the same.
- Original impugned order and other documents relied on by the petitioner arranged in chronological order.
- Petitions, affidavits and documents shall be stitched in a paper book with consecutively numbered pages. Where the documents are voluminous more than one volume of paper book shall be filed with running pages across volumes.
- In all cases the petitioner shall file on additional copy of the paper book for service on the office of the Government Pleader/Additional Solicitor General.
Writ petitions before Division Bench
The following categories of writ petition shall be posted before a Division Bench-
- Public Interest Litigation;
- Habeas Corpus petition;
- Petitions challenging the vires of Acts, Rules or Regulations;
- Petitions relating to judicial service and service of court employees including High Court employees;
- Petitions against High Courts;
- Petitions arising from the orders of Tribunals such as NCLT, NCLAT, DRT etc.
- Any petition against any action taken or order passed by the Speaker of Legislative Assembly or against the Speaker of the Legislative Assembly.
The Division Bench may at any time refer the matter to the Larger Bench having regard to the importance and complexity of the case.
Writ petitions by a Single Judge
All petitions other than the petitions posted to Division Bench shall be heard by a Single Judge. The Single Judge may at any time refer the matter to the Larger Bench having regard to the importance and complexity of the case.
Writ petitions (Criminal) shall be posted before the Single Judge hearing petitions under Section 482 of Cr.PC as directed by the Chief Justice.
Categorization
Every writ petition except Writ Petition (Criminal) shall be categorized in any one of the following categories-
- Labor and services;
- Tax matters;
- HR&CE and Wakf;
- Industries, mines and minerals;
- Cinema;
- Electricity;
- Education;
- Municipality, Panchayat and Local Bodies;
- Co-operative Societies;
- Motor Vehicle;
- Forest;
- Land reforms, land tenancy, ULC, land ceiling, land acquisition;
- Registrations and land laws including cases related to patta and other issues relating to land revenue;
- General Miscellaneous.
Any doubt on categorization shall be referred to the concerned roster Judge for decision.
Admission
The Writ Petitions, on categorization, shall be posted before Court, as per the roster assigned by the Chief Justice from time to time, for admission, along with Writ Miscellaneous Petitions, if any, for filing single Writ Petition, dispensing with production of original impugned order and for other interim reliefs. The Court may, on hearing, admit the writ petition and issue rule nisi or order notice of motion and pass such interim order or dismiss the writ petition. Rule nisi is returnable by 4 weeks or earlier as per the order of the Court.
Service of notice
The notice may be served by any one or more of the following modes as directed by the Court-
- Through the registry of the Court;
- By the party;
- Through courier services;
- By registered post or speed post with proof of delivery;
- By e-mail or any other electronic mode;
- Through the Head of the Department concerned by any one of the above modes.
The party issuing the notice shall file an affidavit evidencing service of the notice of the opposite party. Even the Court may direct to give advertisement directing the respondents to appear before the Court on the hearing date. In case of urgency notice to be issued to the Government may be issued on the Standing Counsel. The petitioner shall file within 5 working days from the date of order to the concerned parties. The petitioner shall also pay process fee. Every notice shall be accompanied by a copy of petition, affidavit.
Returned notice
If the notice is returned unserved then the following procedure will be followed-
- The Registry shall, on the first working day of every week, publish on the notice a list of such cases under the signature of Assistant Registrar.
- The said notice shall contain the number of the case, the name of Advocate for petitioner, the name of the respondent to whom the notice is to be issued, the date of return of notice unserved to the Court and the date on which the Registry received the unserved notice.
The concerned party has to take steps to receive the notice within 14 days from the date of publication. On expiry of the said 14 days if the party fails to receive the notice the Registry shall put up the matter before the Court. If the delay is explain then further 14 days may be granted by the Court. Even after that period if no action is taken then the Court shall dismiss the writ petition.
Appearance by respondent
The Advocate of the respondent may appear before the Court on behalf of the respondent. Within 10 days of appearance the Advocate shall serve notice of his appearance in Form – 13 on petitioner’s Advocate. The Advocate of the petitioner, if the paper book has not furnished before, gave a copy of the paper book to the Advocate of the respondent.
Counter affidavit
The respondent shall file counter on the writ petition within 8 weeks from the date of service of notice on him. The Court may extended the said time or condone the delay if the counter is filed belatedly. The Counter affidavit shall also be prepared in a paper book consecutively numbered pages.
Hearing
The Court may hear the petitioner and the respondents in the hearing dates duly fixed by the Court. If any person wants to be heard on behalf of either party the Court may hear him only on legal issues. The Court may impose costs on such person. At the final hearing, counsel desirous of filing notes of submissions, may do so with the permission of the Court. Such notes shall be confined to the facts and grounds argued.
Caveat petition
Any person who wants to be heard before granting interim order may file a caveat petition which shall be valid for 90 days from the date of its lodgment. The caveator shall serve a notice by Registered AD on the person(s) by whom the petition is expected to be made. The High Court may maintain register of caveats or such other registers in electronic form to facilitate online search of caveats by parties and Advocates.
Review
The Court may review its orders but no petition for review will be entertained except on the grounds mentioned in Order XLVII, Rule 1 of the Code of Civil Procedure, 1908. The Review petition shall be filed within 30 days from the date of order sought to be reviewed. The petition shall clearly set out the grounds for review. The review petition shall be disposed by the same Judge who delivered the order sought to be reviewed. The Court may either reject the petition or direct notice to the respondents.
Cost
The Court may make such order as to cost and security as it may consider just and necessary in all the proceedings to which these rules apply.
Forms
The following are the forms prescribed for the purposes of these Rules-
- Form No. 1 – form of petition;
- Form No. 1A – Habeas corpus petition;
- Form No. 2 – Order of Habeas Corpus petition;
- Form No.3 – Order directing issue of writ of habeas corpus;
- Form No. 4 – Writ of Habeas Corpus;
- Form No. 5 – directions to produce the body of the party before the Court on specified date and specified time;
- Form No. 6 – Writ of Certiorari;
- Form No. 6A – Notice as to admission;
- Form No. 7 – Writ of Certiorari – Order nisi (to produce and/or to appear);
- Form No. 8 – Writ of Certiorari order absolute;
- Form No. 9 – Writ of prohibition;
- Form No. 10 - Order on petition for Quo warranto;
- Form No. 11 – Writ of mandamus;
- Form No. 12 – Notice for hearing;
- Form No. 13 – Notice of appearance by respondent;
- Form No. 14 – Memorandum of Caveat petition.
