IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 17TH DAY OF JUNE 2022 / 27TH JYAISHTA, 1944
WP(C) NO. 11411 OF 2022
PETITIONER:
T.SREEKUMARAN NAIR
AGED 59 YEARS
S/O THANKAPPAN NAIR,"KRISHNA SREE", VALIYARA,
VELLANAD P O, THIRUVANANTHAPURAM-695543.
BY ADVS.
G.P.SHINOD
GOVIND PADMANAABHAN
ATUL MATHEWS
AJIT G ANJARLEKAR
RESPONDENTS:
1 VELLANAD GRAMA PANCHAYATH
REPRESENTED BY ITS SECRETARY, VELLANAD P O,
THIRUVANANTHAPURAM-695543.
2 ANIL KUMAR S.
AGED 53 YEARS
S/O SREEDHARAN NAIR, THUNDAVILAKATHU, PUTHEN
VEETTIL, VELLANAD P O, THIRUVANANTHAPURAM-695543.
BY ADVS.K.P.SATHEESAN (SR.)
SALIM V.S.
A.M.FOUSI
P.MOHANDAS (ERNAKULAM)
K.SUDHINKUMAR
S.K.ADHITHYAN
SABU PULLAN
GOKUL D. SUDHAKARAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 17.06.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C).No.11411/2022
2
P.V.KUNHIKRISHNAN, J.
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W.P.(C).No.11411 of 2022
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Dated this the 17th day of June, 2022
JUDGMENT
This writ petition is filed with following prayers: i. Issue a writ of mandamus or any other appropriate writ order or direction commanding the first respondent to proceed further upon Ext.P1 order in terms of Section 235(w) of the Act.
ii. Grant such other and further reliefs which are deemed fit and proper in the facts and circumstances of the case.
(SIC)
2. The main prayer in the writ petition is to issue appropriate direction to the 1 st respondent to proceed further upon Ext.P1 order in terms of Section 235(w) of the Kerala Panchayat Raj Act.
3. Heard the learned counsel for the petitioner, learned counsel for the 1st respondent Panchayat and the learned counsel for the 2nd respondent. W.P.(C).No.11411/2022 3
4. The learned counsel for the petitioner submitted that Ext.P1 order is dated 23.10.2021. The Ombudsman for Local Self Government Institutions also intervened in the matter as per Ext.P3 order dated 17.12.2021. The grievance of the petitioner is that no further steps are taken by the Panchayat after Ext.P1. If a proceedings is initiated by the Panchayat under Section 235(w) of the Panchayat Raj Act, it is the duty of the 1st respondent to conclude the same in accordance to the procedure. The learned counsel for the 2 nd respondent submitted that a regularisation application is already filed before the 1st respondent. If that is the case, the 1st respondent can consider that application first and thereafter proceed upon Ext.P1 in accordance to law.
Therefore, this writ petition is disposed of in the following manner:
1. If any regularisation application is filed by the 2nd respondent before the 1st respondent, the 1st respondent will consider the same and pass appropriate decision after giving notice to the petitioner and the 2nd respondent, as W.P.(C).No.11411/2022 4 expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment.
2. Based on the decision in the regularisation application, the 1st respondent will proceed with Ext.P1 and pass appropriate orders in accordance to law, within one month from the date on which the order if any is passed in the regularisation application. If no regularisation application is pending, the 1st respondent will proceed with Ext.P1 in accordance with law forthwith.
sd/-
P.V.KUNHIKRISHNAN JV JUDGE W.P.(C).No.11411/2022 5 APPENDIX OF WP(C) 11411/2022 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE ORDER NO.A5/5346/2021 DATED 23.10.2021 ISSUED BY THE FIRST RESPONDENT.
Exhibit P2 A TRUE COPY OF THE NOTICE DATED 26.10.2021 ISSUED BY THE FIRST RESPONDENT.
Exhibit P3 A TRUE COPY OF THE ORDER DATED 170.12.2021 IN COMPLAINT NO.485/21 OF THE OMBUDSMAN FOR LOCAL SELF GOVERNMENT, THIRUVANANTHAPURAM. Exhibit P4 A TRUE COPY OF THE PLAINT IN OS NO.180/2022 OF THE MUNSIFF COURT, NEDUMANGAD DATED 11.03.2022.