 Oct 16 (11 days ago) | | |||
From:-
Gunvantlal Ramanlal Parikh
B.E.Civil.LL.B
Hon. Adm.Officer VKK Consumer affairs
Former General Secretary,
Case study and legal study association 70-71
Motilal Nehu Law College
C/O 4 , Mangal Park society,
B/H Post office Geeta mandir road
Ahmedabad 22 ( 380022 )
T,No. 25324676 , 9408294609
To
The Hon. Chief Justice of Gujarat
Gujarat Hogh Court,
AHMEDABAD
Sub - Reasons and remedies for JUSTICE DELAYED _ JUSTICE DENIED .........
Dear sir ,
In my most humble submission I would like to introduce me :: This is G.R.Parikh, 72 , former General secretary of case study and3 legal study association , Motilal nehru Law collge Ahmedabad , 1970 - 71 , when legal aid committee was framed under direction of the then chief justice P.N.Bhagwati and under sincere efforts of Hon. Justice D.A.Desai , under whose direction we framed this association with the intention to help needy persons and to guide them with concept of positive thinking towards law and justice. Hon. Justice D.A.Desai was extra ordinary strong judge, not at all rigid to the provisions of law only between the lines but having absolute practical approach in the interest of justice. We were much impreseed under his thoughts.Local and poor people cannot afford the cost and time to obtain justice from the court. He was well awared that the doorstep of Black gown and white gown persons are demanding money on each step to forward movement. To day I feel it correct , when facing both the doors.
I paste one case copy , pertaining to me, where I am facing white gowns for health inabilities and on other side facing one pension petition since last more than 12 years and still not ended . I am so tired and frustrated from two way attacks : physical caacity won't permits for more labour and tension from white gown and under the shadows of black gowns cannot face the frequent unnecessary movements where I even cannot argue for my physical inability ; You will wonder to note that once awhile when I have expressed my physical inabilities , instead of some sympethetic reply I was directed to engage advocate : Don't come personally Engage advocate. .Your Honour will wonder to note that this petition is listed for more than 45 times during 12 years . Just imagine my movements on each adjournment , and while returning with no score to pavallion.. What should I reply to my family members? They are enough grown up children , amongst three doctarates in specialised subject of academic wing. . On one side I cannot leave in midst and on other side I can't face comments of vicinity. .
If you recollect the memory I had narrated the facts in your open court No.1 .when the matter was fixed for final hearing and denied under not before me reason. Under the proffession ethics and limitations I cannot pass any comment ;: but my mind compares the situation of past days of 70 s at the age of my 70 .
I have no right to propose any directive but still I had requested the Hon Court that wen party in person is appearing before the court , at least he may be allowed to submit his matter first so that he had not to wait for the longer period tll his turn.. Poor petitioner party in person has to wait for his turn may be at 60 or to onwards and at the end of day the court adjourns at about 50 or 60 S.No. .If he had been given at number one , remaining persons have to wait only for one case while this person has to wait for 60 to 70 with a suspense whether he will be taken or not and probably not taken is observrd during last 12 years. And now at the age of 70 + I cannot face tension of court atmosphere for 3 to 4 hours. : it adds BP at higher level where even tongue trembles, legs loose balance ,memory looses what is to be told what is not to be told. . Because of this reason I had requested at all times to give me any such date and time when the petition will be heard. and accordingly I may be intimated. But here it is observed reversly ': thrice I had been intimated to appear before the court for final hearing and there was no listing on board twice and once again adjourned at 47 thj listing when I was called with intimation
Rest assure , this is not complaint, this is simply representation. having no claim to pray even on eitherside. It is your entire discretion how to dealt the matter .I had requested Mr. Prasad to give me your e.mail id so that I can place the facts before you only but he told me to send it throug registrar only.
As such I am pasting the copy of the letter I had submitted to Hon Registrar also fgor your kind consideration and reference please
With all due respects and regards
yours faithfully
G.R.Parikh
Copy of the letter addressed to registrar : Pasted herewith please ;
From:-
Gunvantlal Ramanlal Parikh
Petitioner, Party in person in
Sp.C.A.9967 of 99
C/O 4, Mangal Park
B/H/ post office Geeta mandir road
Ahmedabad 22
T.No. 25324676 , 9408294609
To
The Registrar /
Registry Department
Gujarat High Court
Ahmedabad
Sub:- Fixing the date of final hearing of PetitionNo. spl.c.a. 9967 of 99
G.R.Parikh Party in person Petitioner V/S State and Jilla panchayat Jamnagar
Ref:- 1. Letter no 08303 from Dy.Registrar,CPC Dept. dated 27-9-12 recd on 10-9-12 fixing the date on 15-10-12
2. Letter No./ dated 28-4-11 from Dy.Registrar ,Spl.C.A.Dept., fifing the date on 2-5-11
3. Letter no 12905/10 dated31-7-10 from Asst.Registrar, Spl civvil service Dept fixing the date on 1-9-10
4. My submission dated 28-2-12 through e.mail and dated 7-3-12 through e.mail
Dear sir ,
This is G.R.Parikh ,one your petitioner ,appearing as a party in person before the Hon. Court, most humbly and respectfully submit the following facts for your kind considerstion please.:-
2. Spl.C.A. 9967 of 99 in question is a pension petition ,pending before this Hon court since 1999 .It is observed that it is listed for more than 45 times on board and still there is
no end for one or another reason. I simply submit, it is pending since more than 12 years . I retired wef 1-6-98 , and the matter is supposed to be decided just round about the end of 1998 but even at the end of 2012 , after 14 years it is still pending .
3. I was informed by Hon Court on 31=7-10 to remain present before Hon court on 1-9-10 for final hearing but on inquiry at the court there was no such petition on the board. I moved here and there in the court premises at length and frequently but it was not on board. Once again I was informed by Con. court on 28-4-11 to remain present on 2-5-11 for final hearing . Once again I moved around the court on 2-5-11 and onwards for inquiry but there was no matter on board or no intimation. Still once again I was informed by Hon . Court on 27-9-12 to remain present on 15-10-12 for final hearing but on 15-10-12 also it was not heard but adjourned on 4-12-12 on the reason of heavy board of 15-1012.. It is stated in the latter dated 27-9-12 that the matter was taken on 24-9-12 but there was no intimation to me for 24-9-12, but it was kind consideration of Hon Court that there might no intimation to party in person hence adjourned on 15-10 `12. I am thank ful for their kind consideration but on 15 th it was not heard. I cannopt pass any comment : when I was not present for want of intimation , it was taken and when I was present on the intimation given to me it was not heard.
4. In my submission through e mail dated 28-2-12, 7-3-12 and others alongwith my submission through mentioning during mentioning moments before Hon. court , I had humbly cried before the Hon Court that I am of more than 70 , having faced two heart attacks, now having inability to move much, cannot hear or listen properly, problem of eye sight, loss of memory due to age, heavy B.P. and many other colateral inabilities. At least as a measre of human mercy also a senior citizen of more than 70 may expect something procedural relief of previlage , it may be granted.
5. As a procedural privilege I had requested that the matter may kindly be placed at top so taht it can be taken first before other works may be heard as , the petitioner as aparty in person must wait for no reason in the tension raising atmospere of court , while if he may be allowed at first the remaining advocates has to wait only for one serial number. They are proffesionnal advocates and they have some other work also in other courts while I have to wait compulsury till my turn and it may happen, before my turn the day ends. , and adjourned which also I cannot get from court, I have to go to board Dept and they say we have not received the matter , come tomorrow f to know the next date.
6 Your hon. can understyand the difficulties of poor party in person, The court premises is in wide area ,to move from one place to another cost journey of KMs to be counted which an old man cannot bear. I most humbly request your Hon. Now to fix the date of hearing and its time on such a day when it can be heard and finalised and necessary intimation may kindly be given to me by post. During mentioning moments I had mentioned this facts before sitting judge and also once before chief justice also but it is so reflected that it is a procedural matter will be dedalt by registry and department as per provisions.
7. Looking to the above facts I most humbly request your honour to intimate me any such date for final hearing which is suitable to you but atleast at that day and time petiotipon may be heard and finalise. . It may be kept at 11-00 at opening hour or at the 3-00 pm. i.e opening aftwer recess period. .if possible it may be stated on the board sso that there may not be any difficulty to others. .
Thanks a loat and with due regards and respects
Yours faithfully
G.R.Parikh Petitioner, Party in person i his most humble submission
I am directed by the Hon. Shri Prasad saheb to send e.mail at your e mail id which you are requested to send it to Hon Chief Justice Please. The copies of the letters I had attached with the e mail letter mam also be put up before Hon Chief Justice.As prasad saheb has told me to send it through you am sending it through you alongwith another seperate letter to Hon Chief Justice which also may be placed before him.
Attached 5 files i.e five letters
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