legalWrangles02



NAMOONA

when my writ petition WP ( c ) No.35016 of 2009 came for admission in the kerala high court, the judge started off with a “technical flaw” in the petition and declared that the address of the first respondent, the cabinet secretary of the government of india as given in my petition,
the cabinet secretary,
govt. of india,
rashtrapathi bhavan,
new delhi -110004
was wrong. I made desperate attempts to convince the judge that the address I had given was the correct one, but to no avail.

For a novice like me this sort of an attack from an unexpected angle could be disastrous - even I, (at least then,) did not expect a judge of the higher judiciary to raise an objection at a hearing about a matter he is clueless about ( now I know better ) and you start wondering whether you have made a mistake after all! Your equilibrium is disturbed – and could be that is what is intended. Incidentally during that hearing my mouth went completely dry and the lips and tongue were stuck; articulation became impossible. I never had this sort of an experience ever before in my life. Long back in tdmc I remember telling the youngsters in the lecture classes that one of the functions of saliva is to help in articulation but I did not expect its absence to affect articulation so drastically – don't you, "doctors", think it is another symptom of the tertiary stage !

the cabinet secretary as far as my information goes is the senior most officer of the indian administrative service, the coveted IAS, and there is only one cabinet secretary in the whole country. Even if the address is written as just the cabinet secretary, government of india, it will definitely be delivered to him in new delhi - the india post officers are not "that" stupid. But i decided to be on the safer side and take no risks.

And, by the time I filed the writ appeal I had made a request under RTI 2005 to the cpio of the cabinet secretariat using the same address and the reply no.F-12015/421/2009-RTI dated 04.01.2010 of CPIO with the correct address of the cabinet secretary of the government of india direct from the horse's mouth was included in the appeal as ANNEXURE P1.

From legal

All the same, at the time of the hearing of the appeal WA No.367 of 2010 another learned judge started off in the same vein, harping on the same matter, “incorrectness” of the address of the cabinet secretary.

In the writ petition it was my word against that of a high court judge and I did not stand a chance. But during the appeal I had produced documentary evidence to prove the judge wrong.

you cannot sue the president”

We cannot send a notice to the president of india”

the harangue went on,
in spite of the documentary proof !

the implication, it looks, is that all communications going to the rashtrapathi bhavan is addressed to the president of india; how stupid !

The above instance is typical of the way the kerala high court judiciary dispenses “justice” in my case. People are beyond reason. They have a separate agenda of their own and there is no point trying to tell them anything that is to the contrary. They simply won't listen to you.

How do you tackle this sort of cantankerous characters ? !

* * *

related links

PROCTALGIA

pps. i have not finished

CLOUD NINE