State Of Kerala And Ors vs M.R. Madhubabu

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.â€​

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.

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:

 “(i) Declare that the inaction on the part of 1st 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.â€​

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.

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.

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 1st 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.â€​

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 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 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 1st 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 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 20th 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.â€​

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 O.P.(KAT). Presumably, this could be only on account of the fact that the competent authorities

concerned may not have furnished factual instructions to the learned Government Pleader concerned.

We need not get into any of these issues, except to observe that in view of the aforesaid subsequent developments, which have happened in this

matter and as the original applicant has not pressed for the leave application or for enforcement of the impugned interim order at Ext.P3 dated

18.12.2020 in O.A.(Ekm) No.1790/2020, the matter in issue raised before us has become practically infructuous and redundant.

We hasten to add that, what we have observed is only that the matter in issue posed before this Court has become infructuous and if there is any

subsisting issues, then it is for the parties concerned to approach the Tribunal to resolve any such issues which then may be resolved by the Tribunal,

in the manner known to law.

Hence it is ordered that the above Original Petition (KAT) will stand dismissed as infructuous.