MUNIAMMAL Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) HEARD Mr.V.Raghavachari, the learned counsel appearing on behalf of the petitioner and Mrs.V.Bhavani Subbarayan, the learned Government Advocate appearing on behalf of the first and the second respondents and Mr.P.Chandrasekaran, the learned counsel appearing on behalf of the third respondent.

(2.) THE writ petition has been filed, praying for a writ of Certiorari to call for the records, on the file of the first respondent in Rc.NO.G2/24644/03, dated 23.12.2004 and to quash the same.

(3.) AFTER an enquiry, the first respondent had passed an order rejecting the claim of the third respondent and an order was passed in favour of the petitioner directing her to pay twice the market value for the assigned land. While so, the order of the first respondent, which was challenged by the third respondent before the Government, had been confirmed. Without challenging the order made by the Government, the order of the first respondent was challenged before this Court in W.P.No.18679 of 2003. By an order, dated 17.09.2004, this Court had remanded the matter back to the first respondent for fresh enquiry, after giving an opportunity of hearing for both the parties. Pursuant to the said order, the petitioner had appeared for the enquiry and she had sought for more time to obtain the assistance of a counsel as she was an illiterate lady. When the counsel who had appeared on behalf of the petitioner had sought for time to verify the files, the first respondent had refused such permission and the counsel was asked to file a vakalat before he made his representation. Since the request of the counsel for verifying the files was turned down, the said counsel has left without participating in the further proceedings relating to the matter. In spite of the petitioner's repeated request for legal assistance, the first respondent has refused to grant further time and he has passed the impugned order, on 23.12.2004, which has been challenged by the petitioner in the present writ petition.