VILASANADAS DANIEL Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) "Delay defeats justice" is now a principle well accepted. Apparently, the said principle applies on all scores to the instant case where disciplinary action in respect of an incident that took place in 1976 was followed by a memo of charges in 1991 leading to suspension of the petitioner in the year 2000 when he was at the fag end of his service. In such circumstances, this Court issued orders pursuant to which the petitioner was reinstated in service and he has since retired from service. What remains to be considered is the legality, propriety or the very justifiability in continuing the proceedings.

(2.) The petitioner was the Village Officer, Kizhakkancherry - I Village in Alathur Taluk during the period 1.12.1975 to 13.6.1977. As per proceedings dated 13.11.1976, the Tahsildar, Alathur directed the petitioner to take possession of 19.91 acres of land which was declared as excess land. One C. P. Vijayakumar, Special Deputy Surveyor Grade - I attached to the Taluk Office prepared the sketch, petitioner inspected the land, verified the sketch and took possession of the land on 18.11.1976. Out of the 19.91 acres, 60 cents formed a Panchayat road and the land actually taken possession was only 19.31 acres. A report to that effect was forwarded on the same day. Thereafter, the petitioner was relieved from the said Village Office on 13.6.1977 and he was transferred as Village Officer, Kavassery - I Village.

(3.) In 1978 the land was directed to be distributed among 26 people. In the process it appears there were complaints that there was shortage of land to the extent of 52 cents. In 1982 a direction was issued by the Tahsildar, Alathur to the Village Officer to recover the said extent of 52 cents. But apparently owing to resistance it seems the same was not done and steps are still under way.