Madras HC Calls Claim It Had Not Read Earlier Affidavit “Gross Abuse,” Dismisses Bid To Shift Pending Writ To Chief Justice Bench

The petitioner, appearing in person, sought a direction to number and transfer his pending writ-petition filing, W.P. Crl. S.R. No. 50751 of 2026, from the Single Judge (Cr.P.C. Portfolio) to the Chief Justice’s Bench.

He alleged harassment by various persons and authorities, and contended that his earlier writ petition, W.P. No. 17409 of 2026, had been dismissed without the Court reading his affidavit and papers.

In that earlier proceeding, the Court had found that he could not explain his grievance or the relief sought, and dismissed the petition as frivolous and not maintainable.

In the present matter, the petitioner again could not identify the specific grievance or relief sought.

The Court applied the principles governing the exercise of writ jurisdiction under Article 226: a petitioner must identify a specific grievance and a legally appropriate relief, and should approach the competent authority where the alleged grievance concerns an actionable matter.

The Court also stated that a party aggrieved by an earlier order may pursue the proper remedy of review or appeal, rather than make allegations about the Court’s consideration of the matter in a subsequent proceeding.

The petitioner’s 42-page affidavit recounted various incidents but did not specify the issue for which relief was sought; his stated prayer instead concerned transferring a matter still at the SR stage.

He remained unable to explain his actual grievance at the hearing.

The Court considered that, if aggrieved by the earlier dismissal, the appropriate course was review or appeal, and regarded the allegation that the Bench had not read his affidavit as an abuse of process.

In the absence of a clear, maintainable claim, and given the repeated filing of proceedings without first approaching the competent authority, the Court found the petition not maintainable.

The Court warned the petitioner, and dismissed it without imposing costs. No direction was issued to number or transfer the pending SR matter.