Condanation of delay in writ petition
Balaji Bakthavathsal
(Querist) 08 February 2020
This query is : Resolved
A writ petition was filed in the High Court of Madras against the order of cancellation of legal heir certificate by the Revenue Authorities in which I am the third respondent. But the fraudulent petitioner, in order to prevent me from filing counter statement, mention my address wrongly and I could not file counter statement as I was unaware of the writ petition. Later when I came to know, it was too late and I was dismissed. The petition which was originally filed in the year 2013 has been taken up now and is at argument stage. Can I join now in the Writ and present my side counter statement ? If there is any similar such case, please provide me the citation.
Thanks & Regards
Balaji
Raj Kumar Makkad
(Expert) 08 February 2020
As no notice was sent to you during the pendancy of the said writ petition, you have every right to get yourself impleaded at any stage but immediately after having the knowledge and also pray therein to re-call that order vide which you had been dismissed or all orders after summoning so that fresh orders may be passed.There are plenty of judgments on this subject as this is settled law that no person can be condemned unheard.
Raj Kumar Makkad
(Expert) 08 February 2020
The Apex Court in Ashok Kumar Sonkar v. Union of India, (2007) 4 SCC 54 : [2007 (3) SLR 501 (SC)] held that there cannot be any doubt whatsoever that all the audi alteram partem is one of the basic pillars of natural justice which means no one should be condemned unheard. However, whenever possible the principles of natural justice should be followed. These principles cannot be put in any straitjacket formula. The said principles may not be applied in a given case unless a prejudice is shown. It is not necessary where it would be a futile exercise.
Raj Kumar Makkad
(Expert) 08 February 2020
Suffice it to state that it is rule of natural justice that no one should be condemned unheard, as held by the apex Court in the case West Bengal Electricity Regulatory Commission v. C.E.S.C. Ltd., JT 2002 (7) SC 578, relying upon the case of Mrs. Maneka Gandhi v. Union of India and another, 1978 (1) SCC 248, as under : "The right of audi alteram partem is a valuable right recognised even under the India Constitution. See Mrs. Menaka Gandhi v. Union of India and another, 1978 (1) SCC 248, wherein it is held, the principle of the maxim which mandates that no one should be condemned unheard; is a part of rule of natural justice. We have already held that such right of hearing conferred by a statute cannot be taken away even by Courts."
Raj Kumar Makkad
(Expert) 08 February 2020
In Ashok Kumar Sankar Vs. Union of India & others, (2007) 4 SCC 54 the Supreme Court held as under: 26. This brings us to the question as to whether the principles of natural Justice were required to be complied with. There cannot be any doubt whatsoever that the audi alteram partem is one of the basic pillars of natural justice which means no one should be condemned unheard. However, whenever possible the principle of natural justice should be followed. Ordinarily in a case of this nature the same should be complied with. Visitor may in a given situation issue notice to the employee who would be effected by the ultimate order that may be passed. He may not be given an oral hearing, but may be allowed to make a representation in writing,
Dr J C Vashista
(Expert) 10 February 2020
Move to the High Court with appropriate application for necessary directions / modification in the order passed so that you can be heard.
T. Kalaiselvan, Advocate
(Expert) 20 February 2020
In my opinion, you may file a petition along with the written statement to set aside the exparte orders passed against you and await the court decision, after which, if this order is also not in your favor then yo can file a review petition.
