ONLY TO CONSIDER THE REPRESENTATION, MY LORD…

Luden was a fisherman. The Government has enrolled Luden under a Group Insurance Scheme through National Federation of Fishermen Co-operative Limited, New Delhi. United India Insurance Co.Ltd., was the insurer.

Insurance sum?

Rs.35,000/-! Yes, thirty five thousands!!

On 29/06/00 while Luden was returning from sea, his ‘cattumaram’ caught in turbulence; Luden lost his life, leaving Anjali, his wife at the mercy of this cruel world. The so called representations were sent and there were communications between National Federation of Fishermen’s Co-op Society Ltd., New Delhi and the Special Officer of the said Society’s Tirunelveli Unit besides the Assistant Director of Fisheries, Tirunelvei and the Special Commissioner of the Department of Fisheries, Chennai. The communications did not bring any money to Anjali.

Anjali, after several reminders filed a Writ Petition and the High Court very gladly washed its hands by directing the Society in New Delhi ‘to consider Anjali’s representation and pass order’

Even thereafter the Society took its own time and Anjali had to approach the Court, this time to file a Contempt Petition. It was only thereafter in March’2013 the said Society issued proceedings to the insurer to release the insurance amount to Anjali.   The insurer coolly repudiated the claim as time barred; thirteen years had passed. The Society promptly forwarded the repudiation letter to Anjali and felt happy that it avoided the contempt proceedings. It was only then Anjali came to know that the insurance was made with M/s United India Insurance Co.Ltd., New Delhi.

Poor Anjali had to file another Writ Petition, this time impleading the United India Insurance. The Learned Judge directed the Counsel to serve the notice on me. I filed vakalat and having moved by the plight of this poor woman I submitted to the Court to pass an Order directing my client to pay the amount with a liberty to file a suit against the said Society and collect the money if the claim was made belatedly.

I willingly took a risk in making the submission since I could not get instruction from the Company in such a short time and that I was so frustrated in realising that for this princely sum of Rs.35,000/- Anjali had to approach a High Court for three occasions and the collective cost of such litigation may equal that sum.

There were six respondents in the first writ petition and eight respondents in the second writ petitions and the collective cost of all these respondents which includes the legal fees payable to yours truly will exceed Rs.35,000/- several times! 

The cost could be cut into half, had our Madurai Bench instead of being a ‘mandamus court’ in the first instance made an enquiry into the non-payment of insurance amount. Some Judges, I have heard ridiculing this Bench as attending only ‘postman’s work’ in directing the respondents to consider the representations. But they need to introspect and realise that the Bench too has to share the blame!

In matters of this nature and in many other matters, the Bench instead of disposing the writ petition at once can direct the respondent to either to take a decision or to file a counter. In case the respondent files a counter stating reasons why the request cannot be granted, the same may be treated as an order to examine correctness and the legality of such reasons.

Justice V.K.Sharma did not believe in directing the respondent to consider the representation but would treat the non-consideration within a reasonable time as rejection. He always maintained, if one is entitled to a relief he is to ask for it from the court as a positive direction.

Justice VK Sharma retired and the loss is mine recently in filing a batch of writ petitions; all concerning similar issue of getting approval for the promotions made in a private school. In few of the matters, the authorities had already rejected the proposal by citing a non-existing government order. The Judge had no difficulty in issuing notice. The rest of the matters were still with the authorities and there could not be a contrary decision. The Learned Judge refused to accept my plea seeking notice in those writ petitions too; directions were issued to the authorities ‘consider and pass order’.

My client has to now wait, issue contempt notice, file contempt petition, receive rejection orders and then to file the second batch of writ petitions to be heard along with the other writ petitions…

In the name of disposing of the writ petitions, we are creating chances for more writ petitions.

Madurai

29/04/14