G.Ganapathi Muthuramu v. The Tehsildar And Others

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

WPA/172/2022 G. Ganapathi Muthuramu ... Petitioner Vs.

The Tehsildar and others ... Respondents Mr. Arul Prasanth ... for the petitioner Mrs.Yasmeen Begum ... for the Administration Mr.K.Sabir ...for the pvt. Respondents June 29, 2022 [GNC] Item No.2 The earlier report submitted by the police authorities were brought to the notice of the Court.

Today, learned Advocate appearing for the State drew the attention of the Court to the Andaman and Nicobar Islands Maintenance and Welfare of Parents and Senior Citizens Rules, 2012. Rule 2(g) of the said Rules read with S. 15(2) of the Act provides that the 'District Magistrate' or any Officer not below the rank of 'District Magistrate' is to be the Presiding Officer. The seal reflects that the appeal was preferred before the Deputy Commissioner. According to the State, the said Officer is in the rank of District Magistrate and as such, the private respondents have filed the appeal before an appropriate Forum. However, the number of the appeal or any date could not be provided by the police authorities nor the respondents are able to give out a clear picture regarding the date given by such Appellate Tribunal.

In view of the aforesaid, the office of the Deputy Commissioner receiving such appeal would issue notice upon the present petitioner within a fortnight from date and fix a date

for hearing of the appeal. Such hearing would continue by fixing dates on each and every week until the appeal is taken to its logical conclusion within a period of six months from the date of communication of this order.

The Registry is directed to communicate this order to the office of the Deputy Commissioner within a week from date. Needless to state that this Court has not gone into the contentions of the petitioner and the Appellate Authority would independently consider the subject matter of appeal without being influenced by any of the observations made by this Court. With the aforesaid directions, WPA/172/2022 is disposed of.

Pending applications, if any, consequently disposed of. Parties are directed to act on the server copy of this order duly uploaded on the official website of the Hon'ble Calcutta High Court.

( Tirthankar Ghosh, J.)