BABUMON K.G Vs. STATE OF KERALA

JUDGEMENT

(1.) This intra court appeal was filed by the writ petitioner. He challenges Ext. P2 Award passed in Lok Adalath organised by the Taluk Legal Service Authority, Kochi. As seen from the Award, the appellant/petitioner has agreed to pay a sum of Rs.10,83,808.00 in two instalments. The Adalath has been held at the Assistant Commissioner of Police Office, Mattanchery. Award was passed on 21/1/2019. The appellant has taken up two grounds for challenge. One is based on procedural violation and the other is referable to factual situation of alleged threat meted out by the third respondent to appellant/petitioner to sign the award. With regard to the procedural violation, the learned counsel for the appellant placed reliance on Regulation 12(3) of the National Legal Services Authority(Lok Adalats) Regulations, 2009.

(2.) The provision reads thus:

(3.) According to the appellant, this gives him a right to approach this Court to challenge procedural violation. It is to be noted that the appellant has come up before this Court in a Writ Petition invoking Article 226 of the Constitution of India. The Constitution itself defines the scope of judicial review. Any regulation made invoking the statutory provision cannot enlarge or expand the scope and width of Article 226 of the Constitution of India. Nevertheless, taking note of the regulation as above, we are of the view that the intention of regulation allowing a challenge on a threshold by judicial review is on a well defined parameter under Article 226 of the Constitution of India and nothing else. Thus, procedural violation, affecting jurisdiction, the court may be able to interfere with such Award passed and mere violation itself will not be sufficient to hold that it would vitiate the award. To vitiate the award, it must be found that the authority have no competency under any other provisions to hold that such Adalath to pass an Award.