IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER FRIDAY, THE 18TH DECEMBER 2009 / 27TH AGRAHAYANA 1931 WP(C).No. 29265 of 2009(S) -------------------------- PETITIONER: -------------- K.S.DILIP, AGED 41 YEARS, S/O.LATE K.C.K.MENON, ADVOCATE, DOOR NO.32/2291/B5, VASUDEV COMPLEX, ABOVE SBI PALARIVATTOM BRANCH, PALARIVATTOM, KOCHI-682 025. BY ADV. SRI.K.K.CHANDRAN PILLAI SRI.A.S.SAJUSH PAUL SRI.THOMAS JAMES MUNDACKAL RESPONDENTS: ----------------- 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF FINANCE, (DEPARTMENT OF ECONOMIC AFFAIRS), NEW DELHI. 2. THE PRESIDING OFFICER, DEBTS RECOVERY APPELLATE TRIBUNAL, MUMBAI, IN-CHARGE-OF THE DRAT, CHENNAI. R1 BY ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.SOLICITOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R. Bannurmath, C.J. & A.K. Basheer, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 29265 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of December, 2009 JUDGMENT A.K. Basheer, J. The primary prayer in this writ petition, filed by a practising lawyer of this Court, is to issue a writ in the nature of mandamus or such other appropriate writ, order or direction to respondent No.1 to appoint Chairperson to the Debt Recovery Appellate Tribunal, Chennai. It is beyond controversy that the post of Chairperson in the Appellate Tribunal is lying vacant since May 31, 2009. 2. It is brought to our notice that respondent No.2 is holding additional charge of the Chennai Bench now. But no regular sittings are being held, with the result that, in cases where urgent orders are necessary, parties are put to untold sufferings. 3. Learned counsel for the petitioner has brought to our notice the difficulties now being faced by the litigants and lawyers because of the inaction on the part of respondent W.P.(C) No. 29265 OF 2009 -:2:- No.1 in making the appointment to the post of Chairperson. 4. It is not very difficult to comprehend the possible difficulties which the litigants and legal fraternity are now facing. The Appellate Tribunal in Chennai deals with matters arising from orders of the Debt Recovery Tribunals in Kerala, Tamil Nadu, Karnataka and the Union Territory of Lakshadweep. 5. We have perused the statement filed by the learned Assistant Solicitor General, after getting instructions from respondent No.1. The learned Assistant Solicitor General submits that respondent No.1 is in seisin of the matter and the Government is also aware of the difficulties that are being faced by the litigants and the lawyers. He further submits that earnest efforts will be made to expedite the process of selection and appointment since two persons have already been identified and their consent has been obtained. What remains is only a formal approval by the Appointment Committee of the Cabinet. This process will be finalised as soon as possible, learned Assistant Solicitor General submits. 6. Having regard to the entire facts and circumstances of W.P.(C) No. 29265 OF 2009 -:3:- the case, we are of the view that, we must place on record our concern and anxiety over this issue before we dispose of this Writ Petition. There is wide spread complaint about the delay in dispensation of justice, not only in Courts but in Tribunals as well. If appropriate steps are not taken to fill up the vacancies in time, the problem of mounting arrears cannot be tackled, leave alone the agony and hardship of the litigants who are always at the receiving end. 7. It cannot be assumed that in the case on hand the Government might not have been aware of the impending vacancy in the post of Chairperson even before the said vacancy arose on May 31, 2009. If prompt and adequate steps have been taken in advance, this problem would not had arisen at all. As mentioned earlier, thousands of litigants in the States of Kerala, Tamil Nadu, Karnataka and Union Territory of Lakshadeep are now put to untold hardship and misery. 8. In the above facts and circumstances we are satisfied that, an appropriate direction has to be issued to respondent No.1 to take immediate necessary steps to fill up the vacancy in W.P.(C) No. 29265 OF 2009 -:4:- question at the earliest. In our view, six weeks' time will be reasonably sufficient to do the needful. 9. Therefore, the Writ Petition is disposed of with a direction to respondent No.1 to fill up the vacancy of Chairperson in the Debt Recovery Appellate Tribunal, Chennai as expeditiously as possible, at any rate, on or before January 31, 2010. The Writ Petition is disposed of with the above direction. S.R. Bannurmath, Chief Justice. A.K. Basheer, Judge. ttb