T.Sreekumaran Nair vs Vellanad Grama Panchayath
2022 Latest Caselaw 7091 Ker

            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.
                    --------------------------------
                   W.P.(C).No.11411 of 2022
             ----------------------------------------------
            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

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

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

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.