Review of the Allowed writ petition in the High Court-Scope
A.Mohamed Thaheer
(Querist) 12 April 2009
This query is : Resolved
A writ petition was filed by the Administration of Puducherry Administration for quashing the directions of the Central Adminstrative Tribunal, Chennai. Pending disposal of the writ, prayed for stay also against the directions of the CAT. When the case came for hearing, a notice was served to the opponent for reply. The Respondent/Opponent had filed a reply also praying not to grant stay, pending to submit a detailed written statement elaborating the the nature of the case, the relevant rules, and case laws, under the strong belief that the case will be taken up later. But, surprisingly, the writ was allowed without giving a reasonable opportunity for elaborate argument. But, the speaking order which was hastily pronounced has lot of apparent errors on the face of record reflecting incorrect information of facts of the case itself. The facts of the case was totally misconstrued due to non application of mind of the judge with relevant rules framed under article 309 of the constitution.This has led to huge financial loss to the Respondent, being retired senior citizen.
What is the remedy to rectify the wrong judgment pronounced by the judge hastily without giving a reasonable opportunity to the opponent. In this case, the respondent is not willing to go for appeal in the supreme court due to financial stress and also time consuming.
Please advise expert opinion in this case
Guest
(Expert) 13 April 2009
If it is a single judge's decision,the remedy of a writ appeal / Letters Patent Appeal (as per the rules of H.C.)is available. Some advocates also file review petition but if the case is decided on merits, it would be difficult to get relief in review petitions, because the matter goes to the same judge.
Finally Special Leave Petition in S.C. is available, which you do not want to pursue. As far as costs are concerned, in the needy cases, legal aid is available in Supreme Court.