D.Lavanya Sundari v. The Deputy Commissioner And Others

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

WPA/987/2023 D. Lavanya Sundari ... Petitioner Vs.

The Deputy Commissioner and Others ... Respondents Ms. D. Lavanya Sundari ...for the Petitioner in person November 23, 2023 (M.A.Mobin) Item No.24 1.

This is an application under Article 226 of the Constitution of India filed by the petitioner who is appearing in person.

2.

Mr. V.D. Sivabalan, learned Advocate has been arrayed as one of the respondents in the Writ application. 3.

It is submitted by the petitioner, Ms. D. Lavanya Sundari, the petitioner submits that Mr. Sivabalan used to represent her before the learned Civil Judge, Senior Division but he did not discharge his duty properly to the satisfaction of the petitioner which is why she has arrayed Mr. Sivabalan as one of the respondents.

4.

If the petitioner has any grievance against her Advocate it cannot be ventilated by filing an application under Article 226 of the Constitution of India by impleading him as one of the respondents. The name of the respondent no.6 be expunged from the Cause Title.

5.

Department is directed to effect necessary amendment.

6.

The petitioner submits that she preferred an appeal before the learned District Judge challenging an order passed by learned Civil Judge (Senior Division), Port Blair. Learned District Judge on 4th July, 2023 passed an order directing the Civil Clerk to register the application under section 5 of the Limitation Act, as a Misc. Judicial case. The Writ Petition thus appears to be not maintainable. This petition could have been converted and considered as one under Article 227 of the Constitution of India but the allegation made in this application has no nexus to the order impugned.

7.

The petitioner being a lady is otherwise entitled to legal service under the State Legal Service Authorities Act. From her conduct it is eloquent that she does not have the expertise to deal with such complex legal issues. 8.

While dismissing the Writ application I request the learned District Judge who is the Chairman of the District Legal Services Authority to look into the matter and engage an Advocate to extend necessary legal services, the petitioner is otherwise entitled to.

9.

Let a copy of the order be forwarded to Learned District Judge, A & N Islands for necessary action. (Siddhartha Roy Chowdhury, J.)