Kerala High Court

State Of Kerala vs State Of Kerala on 15 January, 2021

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

           THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

                                &

               THE HONOURABLE MR. JUSTICE T.R.RAVI

     FRIDAY, THE 15TH DAY OF JANUARY 2021 / 25TH POUSHA, 1942

                      OP(KAT).No.18 OF 2021

  AGAINST THE ORDER/JUDGMENT IN OA (EKM) NO.1790/2020 OF KERALA
           ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM


PETITIONERS/RESPONDENTS 1 & 2 IN OA(EKM):

      1      STATE OF KERALA
             REP.BY ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, HOME
             DEPARTMENT, GOVERNMENT SECRETARIAT,
             THIRUVANANTHAPURAM 695 001, KERALA

      2      THE STATE POLICE CHIEF
             VAZHUTHACAUD, THIRUVANANTHAPURAM 695 014, KERALA

             BY GOVERNMENT PLEADER SRI.ANTONY MUKKATH

RESPONDENT/APPLICANT IN O.A(EKM):

             M.R.MADHUBABU
             S/O.M.K.RAGHAVAN, DEPUTY SUPERINTENDENT OF POLICE,
             NARCOTIC CELL, ALUVA 683 101, ERNAKULAM
             RESIDING AT VAISAKH, CHENNERKARA P.O.,
             PATHANAMTHITTA, KERALA 689 503

             R1 BY ADVS. SRI.K.JAJU BABU (SR.)
                         SRI.BRIJESH MOHAN


     THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR
ADMISSION ON 15.01.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 OP(KAT).No.18 OF 2021

                                          2




            ALEXANDER THOMAS & T.R.RAVI, JJ.
            =============================
                  O.P (KAT) No.18 of 2021
                     [Arising out of order dated 18.12.2020
               in O.A.(EKM) No.1790 of 2020 of KAT, Tvm. Bench]
             =============================
               Dated this the 15th day of January, 2021

                                 JUDGMENT

ALEXANDER THOMAS, J.

The aforecaptioned Original Petition (KAT) has been filed under

Articles 226 & 227 of the Constitution of India with the following prayers:

"..... ..... ..... to set aside Exhibit P3 interim order dated 18.12.2020 in OA(EKM) No.1790/2020 on the file of the Kerala Administrative Tribunal, Thiruvananthapuram, by allowing this Original Petition."

2. Heard Sri.Antony Mukkath, learned Senior Government

Pleader appearing for the petitioners (State of Kerala and the State Police

Chief) in the O.P./respondents in the O.A. before the Tribunal and Sri.Jaju

Babu, learned Senior counsel instructed by Sri.Brijesh Mohan, learned

counsel appearing for the sole respondent in the O.P./sole applicant in the

O.A. before the Tribunal.

3. The sole respondent herein/original applicant before the

Tribunal has filed Ext.P1 O.A.(Ekm) No.1790/2020 before the Kerala

Administrative Tribunal, Ernakulam Bench with the following reliefs: OP(KAT).No.18 OF 2021

"(i) Declare that the inaction on the part of 1 st respondent in taking a decision on Annexure-A1 application submitted by the applicant seeking sanction for acting in an Art Film is arbitrary, illegal and unsustainable;

(ii) Direct the 1st respondent to consider and pass orders on Annexure-A1 application and grant the sanction sought for therein forthwith;

(iii) Issue such other and further reliefs as this Hon'ble Tribunal deem fit and proper."

4. After hearing both sides, the Tribunal has passed Ext.P3

interim order dated 18.12.2020 in the said O.A.(Ekm) No.1790/2020,

which reads as follows:

"The learned Government Pleader submits that a decision could not be taken due to the local body elections and that immediate orders would be passed.

2. The learned counsel for the applicant points out that as evidenced from Annexure-A3 two days time alone is required to complete his role in the film and the applicant is not accepting any payment for the same and the film is made with a social message which would not in any way defame the Police Department.

3. In view of the above and considering the fact that only two days is required for the applicant to complete his role in the file, the 1 st respondent is directed to permit the applicant to complete the film and to grant sanction either on 20th or 21st December, 2020 for the above purpose.

Post on 06.01.2021.

Handover to both sides."

5. It is this interim order at Ext.P3 rendered by the Tribunal on

18.12.2020 in O.A.(Ekm) No.1790/2020, that is under challenge in this

Original Petition (KAT) filed under Articles 226 & 227 of the Constitution

of India at the instance of the abovesaid petitioner/respondents in the O.A.

As can be seen from a mere reading of Ext.P3 interim order dated

18.12.2020 in O.A.(Ekm) No.1790/2020, that the said order is only an

interlocutory order, which is subject to the result of the O.A. Ordinarily in

such cases, if the respondents in the O.A. had any serious and substantial OP(KAT).No.18 OF 2021

grievance, then they could have easily approached the Tribunal either by

filing a review application or in a case where the respondent authorities

concerned are advised that such a plea may not fall within the province of

review, then certainly nothing will preclude the authorities concerned from

filing a miscelleneous application before the Tribunal seeking for

appropriate modification of the interim order. If the endeavour in that

regard fails and the matter is serious and the respondent authorities are

advised by the learned Advocate General, etc., that the matter could be

subject matter of challenge under Articles 226 & 227, then it is

understandable that in such cases, the respondent authorities in the O.A.

may seek the option of filing the petition as in the instant one. It is without

resorting to any of these courses of action, that the respondents have

straightaway rushed to this Court by filing the aforesaid Original Petition.

Further, we are now apprised by Sri.Jaju Babu, learned Senior counsel

instructed by Sri.Brijith Mohan appearing for the sole respondent in the

O.P./original applicant before the Tribunal, that subsequently the original

applicant was advised not to seek or press for the leave application and that

he had acted in the aforesaid art/parallel movie on Christmas day (public

holiday on 25.12.2020) without having to take leave at all. Further that the

above said crucial aspect that the original applicant is not pressing for the OP(KAT).No.18 OF 2021

leave application and that consequently is not pressing for implementation

of the impugned Ext.P3 interim order, was also made known by him

through his counsel by filing a miscelleneous application M.A.(Ekm)

No.29/2021 in the said O.A.(Ekm) No.1790/2020 before the Ernakulam

Bench of the Tribunal on 04.01.2021 and the matter had come up before

the Tribunal on 05.01.2021. Along with the said M.A.(Ekm) No.29/2021,

the original applicant is stated to have produced Annexure A9, which is a

copy of the applicant's letter dated 19.12.2020 addressed to the 1 st

petitioner herein (Additional Chief Secretary to Government in the Home

Department) and the said Annexure A9 letter dated 19.12.2020 reads as

follows:

"19th December, 2020

The Additional Chief Secretary to Government of Kerala, Home Department, Government Secretariat, Thiruvananthapuram-695 001.

Ref: Order of the Kerala Administrative Tribunal, Thiruvananthapuram (Ernakulam Bench) dated 18.12.2020 in O.A.(Ekm) No.1790/2020.

Respected Sir,

Enclosed please find Order of the Hon'ble Kerala Administrative Tribunal, Thiruvananthapuram (Ernakulam Bench) dated 18.12.2020 in O.A. (Ekm) No.1790/2020 filed by me. My application seeking permission and leave to act in a Movie is pending from 30.7.2020. Now, the Hon'ble Tribunal has given direction to permit me to complete the Film for which sanction is to be given on 20th or 21st December, 2020.

The Producer and Director of the Movie have informed that the Film is to be censored before 31.12.2020 and my role can be finished within a day.

It is therefore humbly requested that the permission and sanction to OP(KAT).No.18 OF 2021

act and complete the role in the Film may be given on 20 th or 21st December, 2020 (in case of any difficulty in giving sanction on 20 th and 21st December, 2020 I will be satisfied if sanction is given on 22nd and 23rd December, 2020.

For favourable consideration and immediate orders.

Yours Sincerely, Sd/-

M.R.Madhubabu Deputy Superintendent of Police, Narcotic Cell, Aluva, Ernakulam."

6. As aforesaid, it is brought to the notice that the said

miscelleneous application No.29/2021 has come up for consideration

before the Tribunal on 16.01.2021 and we are told by the Senior Counsel

appearing for and on behalf of the original applicant that the Tribunal had

then directed the learned Government Pleader concerned to furnish factual

instructions to the Tribunal in the said O.A. It appears that the present

O.P.(KAT) has been filed before this Court on 14.01.2021. None of the

above said details borne out from the above said Miscelleneous Application

No.29/2021 and Annexure A9 produced therewith has been averred in this