Muhammed Ali vs State Of Kerala
2023 Latest Caselaw 7639 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
  FRIDAY, THE 14TH DAY OF JULY 2023 / 23RD ASHADHA, 1945
                   WP(C) NO. 23083 OF 2023
PETITIONER/S:

          MUHAMMED ALI, AGED 55 YEARS
          S/O. KUNHAPPU, MOOTHEDATH VALAPPIL, VATTAMKULAM,
          NELLISHERY, SUKHAPURAM POST, PONNANI, MALAPPURAM
          DISTRICT -, PIN - 679576
          BY ADV E.C.AHAMED FAZIL
RESPONDENT/S:
    1     STATE OF KERALA
          REPRESENTED BY ITS SECRETARY, DEPARTMTNET OF
          LOCAL SELF GOVERNMENT, SECRETARIAT,
          THIRUVANANTHAPURAM-, PIN - 685001
    2     THE OMBUDSPERSON
          MAHATHMA GANDHI NATIONAL RURAL EMPLOYMENT
          GUARANTEE SCHEME (MNREGA), MALAPPURAM, OFFICE OF
          THE OMBUDSPERSON, CIVIL STATION, MALAPPURAM, PIN
          - 676505
    3     THE JOINT CO-ORDINATOR
          MAHATHMA GANDHI NATIONAL RURAL EMPLOYMENT
          GUARANTEE SCHEME (MNREGA), MALAPPURAM, CIVIL
          STATION, MALAPPURAM -, PIN - 676505
    4     VATTAMKULAM GRAMA PANCHAYATH
          VATTAMKULAM P.O, PONNANI TALUK, MALAPPURAM
          DISTRICT - , REPRESENTED BY ITS SECRETARY, PIN -
          679576
    5     MUHAMMED ASHRAF
          S/O. MOIDUNNI, PADATHUKULANGARA HOUSE,
          NELLISHERI, SHUKAPURAM POST, MALAPPURAM DISTRICT
          -, PIN - 679576
OTHER PRESENT:
          SRI.B.S.SYAMANTAK, GP, SRI.P.E.SAJAL, SC
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                      -2-
W.P.(C). No. 23083 of 2023



                              P.V.KUNHIKRISHNAN, J.
                             ======================================================

                               W.P.(C) No. 23083 of 2023
                         =============================================================

                        Dated this the 14th day of July, 2023

                                           JUDGMENT

The above writ petition is filed with following prayers:

"i) To call for records leading to Exhibit P1 Award and quash the same by issuing a Writ in the nature of certiorari or any other appropriate Writ Order or direction.

ii) Alternatively, to stay all proceedings pursuant to Exhibit P1 pending disposal of Exhibit P2 Appeal by issuing a writ in the nature of mandamus or any other appropriate Writ order or direction.

iii) To dispense with filing of English translation of Exhibits in Malayalam / Vernacular language.

iv) To grant such other relief in favour of the petitioners as this Hon'ble Court may deem fit to grant on the facts and in the circumstances of the case." (sic)

2. When this writ petition came up for consideration, the

counsel for the petitioner submitted that the petitioner filed Ext.P2

appeal before the appellate authority as evident by Ext.P2. Till then

W.P.(C). No. 23083 of 2023

further proceedings based on Ext.P1 may be deferred, is the

submission.

3. Heard the counsel for the petitioner, Government Pleader

and the counsel appearing for the 4th respondent Panchayat. No notice

is necessary to the party respondents at this stage. If they are

aggrieved by any of the directions issued in this judgment, the party

respondents are free to file review petition before this Court.

4. After hearing both sides, I think there can be a direction to

the appellate authority to consider Ext.P2 and till then further

proceedings based on Ext.P1 as against the petitioner can be deferred.

Therefore, this writ petition is disposed of in the following

manner:

1. The appellate authority, mentioned in the last portion of Ext.P1, will consider Ext.P2 appeal, as expeditiously as possible, at any rate within three months from the date of receipt of a certified copy of this judgment.

W.P.(C). No. 23083 of 2023

2. Till final orders are passed in Ext.P2 appeal, all further proceedings consequent to Ext.P1 as against the petitioner alone, shall be deferred.

3. The petitioner is free to file an application to engage a lawyer and if such an application is filed before the appellate authority, the same will consider in accordance with law.

P.V.KUNHIKRISHNAN JUDGE das

W.P.(C). No. 23083 of 2023

APPENDIX OF WP(C) 23083/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE AWARD DATED 13.06.2023 IN OP 04/2023-24 PASSED BY OMBUDSPERSON/OMBUDSMAN (UNDER MNREGA SCHEME) FOR MALAPPURAM DISTRICT Exhibit P2 TRUE COPY OF THE APPEAL MEMORANDUM DATED 05.07.2023 (BEFORE THE OMBUDSPERSON APPELLATE AUTHORITY (MGNREGA), THIRUVANANTHAPURAM ALONG WITH ITS POSTAL RECEIPT DATED 06.07.2023