ASIF AZAD Vs. JAIMON BABY

JUDGEMENT

(1.) Mr. Asif Asad filed the above case, and he appeared in the case as 'party in person'. The prayers in the writ petition are extracted hereunder:

(2.) The writ petition was represented after curing the defects with a petition to condone the delay of 40 days in representation. This court issued notice to the 1st respondent on 4/11/2024 in the above delay condonation petition. Notice was returned with an endorsement 'Adressee left'. When this writ petition came up for consideration on 13/6/2025, this Court passed the following order :

(3.) Today, the petitioner appeared in person online and submitted that, this Court should avoid this writ petition because earlier this Court imposed a cost on the petitioner in another proceeding. The petitioner refused to submit anything else. The imposition of cost in one case will never lead to the imposition of cost in all the cases filed by the petitioner. Each case will be decided based on the merit of that particular case. A litigant cannot dictate to the Court that the case should be avoided by a Judge. The roster is prepared by the Hon'ble the Chief Justice. The Judge, who is hearing the case, can decide to avoid the case if necessary. But a litigant cannot dictate to the Court to avoid his case by a Judge who is allotted the jurisdiction by the Hon'ble Chief Justice as per the roster. If such a practice is started, the litigants can pick and choose the judge who has to hear their case. The same cannot be allowed. A Judge is bound to hear the cases allotted as per the roster notified by the Hon'ble the Chief Justice. Admittedly, this case is to be heard by this Court as per the present roster. The petitioner is not ready to argue the case before this Court. The submission of the petitioner itself is contemptuous. But I restrain myself from taking any action against the petitioner because the petitioner is appearing in person, and he may not be aware of the decorum of a court of law and the submission to be made in a court of law. But the petitioner had appeared before this court earlier in other cases also. If any such submissions are made in the future, this court will be forced to take action in accordance with the law. As far as the present case is concerned, no steps have been taken to cure the defect as ordered by this Court on 13/6/2025. Therefore, this writ petition is dismissed for default.