R. Ashok Alias M.S.R. Ashokan v. V. Subramaniyan

C.M.P.No.8582 of 2024 in W.A.SR.No.41511 of 2024 THE HON'BLE CHIEF JUSTICE and J.SATHYA NARAYANA PRASAD, J.

(Order of the Court was made by the Hon'ble Chief Justice) Heard Mr.R.Amardeep, learned counsel for the applicant.

2. Learned counsel appearing for the applicant submits that the present first non-applicant filed a writ petition bearing W.P.No.98 of 2024 without adding the present applicant as a party. The first non-applicant has also suppressed many facts. The court directed to conduct an enquiry. The present applicant has raised objections. It is further submitted by learned counsel for the applicant that the official respondents are proceeding further to decide the representation filed by the first non-applicant dated 10.11.2023, as directed by this court, without considering the objections raised by the applicant.

3. The learned Single Judge, in the impugned order dated 08.01.2024, has issued directions as under:

"4. Having regard to the relief sought in this Writ

Petition, this Court without expressing any view on the merits of the controversy passes the following the order:- (i) the concerned authority shall immediately examine the representation dated 10.11.2023 made by the Petitioner including ascertaining as to whether the Petitioner would be entitled for the relief claimed;

(ii) if it is found that any other details or supporting documents is necessary, the deficiencies in that regard shall be informed in writing to the Petitioner requiring the same to be furnished within a time frame of not less than 10 days for the same;

(iii) in the event of not being satisfied with the requirements even thereafter, an enquiry shall be conducted affording full opportunity of personal hearing to the Petitioner and all other persons concerned to explain their position in that regard; (iv) a reasoned order shall be passed dealing with each of the contentions raised on merits and in accordance with law and the decision taken communicated under written acknowledgment; and (v) the report of such compliance shall be filed by 31.03.2024 before the Registrar (Judicial) of the Court."

4. It would appear that this court had directed that an enquiry shall be conducted, affording full opportunity to the first non-applicant and all other persons concerned to explain their position in that regard. The applicant has already filed objections. In case the representation filed by the first non-applicant is not yet decided, then naturally, the objections raised by the applicant can also be considered. The applicant may represent himself before the authority concerned.

5. The present application, accordingly, stands disposed of. There shall be no orders as to costs.

(S.V.G., CJ.) (J.S.N.P., J.) 17.04.2024 drm

THE HON'BLE CHIEF JUSTICE and J.SATHYA NARAYANA PRASAD, J.

(drm) 17.04.2024.