V.C. James vs District Collector

Devan Ramachandran, J

The limited plea of the petitioner is that 1st respondent be directed to take up Ext.P3 statutory appeal, preferred by him, within a time frame to be fixed by this Court.

Sri.Praveen Hariharan – learned Standing Counsel for respondents 3 and 4, however, submitted that Ext.P3 is not maintainable because, the bye-laws do not provide any provision for it, to be preferred before the 1st respondent. He submitted that, therefore, if this Court is inclined to direct the 1st respondent to consider Ext.P3, his clients may also be given an opportunity of being heard, and to impel the contention that same is not maintainable.

Sri.Pramod P.G. – learned Government Pleader, in response, submitted that, if the petitioner only requires Ext.P3 to be taken up and disposed of by the 1st respondent, he will not stand in the way; however, praying that this Court may not make any affirmative declarations in her favour and leave it to the said respondent to take an appropriate decision thereon, as per law. He added that he is making this submission because, Ext.P3 may not be maintainable before the 1st respondent; and this will also have to be decided by the said Authority during the afore exercise.

In the afore circumstances, I allow this writ petition and direct the 1st respondent to take up Ext.P3, and dispose of the same after hearing the petitioner, as also respondents 3 and 4; thus culminating in an appropriate order and necessary action thereon, as expeditiously as is possible, but not later than ten days from the date of receipt of a copy of this judgment.

I make it clear that, I have not entered into the merits of any of the rival contentions, including the question of maintainability of Ext.P3 before the 1st respondent; and that they are all left open to be decided by the said Authority in terms of law, with his opinion on the same being reflected specifically in the resultant order.

For an expeditious compliance of the afore directions, I direct both the petitioner and the party respondents to appear before the 1st respondent at 11 am on 23.12.2023. For this purpose, the petitioner will produce a certified copy of this judgment, along with a full set of writ petition, before the said Authority on that date. The time frame fixed above shall start from the said date.