Right to institute a suit should not be taken away: Madras HC

CHENNAI: Observing that the interference of courts in the institution of suits under Article 227 of the Constitution of India will infringe on the rights of the citizens, the Madras High Court held that the Right of the institution of a suit is a basic right, which cannot be taken away unnecessarily by the courts.

Justice SM Subramaniam made the observation on dismissing a civil revision petition filed by Tamil Nadu Civil Supplies Corporation.

The TNCSC sought direction to strike off the plaint at Additional District Munsif Court at Coimbatore which was filed by one Muthukumar against the TNCSC.

Muthukumar prayed for restraining the corporation from finalizing the tenders and contracts for transporting goods for the PDS shops.

Therefore, the TNCSC filed this revision petition to strike off the plaint by exercising its power conferred under Article 227 of the Constitution of India.

However, the judge noted that the power of the High Court under Article 227 is to be plenary and unfettered, but at the same time, the High Court should be cautious in its exercise.

"The right of the institution of a suit is the basic right, which cannot be taken away unnecessarily by the Courts. Even if there is an iota of doubt regarding these aspects, the High Court must allow the trial Court to try the suit by following the procedures. Nipping the suit in the bud is not desirable in all circumstances, since the basic right of the parties will be taken away and it cannot be done so merely by exercising the powers under Article 227 of the Constitution of India" the judge held and dismissed the petition by TNCSC.