Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN MONDAY, THE 30TH DAY OF JANUARY 2023 / 10TH MAGHA, 1944 WP(C) NO. 1222 OF 2023 PETITIONER: K.V.PONNAPPAN AGED 65 YEARS S/O.LATE VASU, KULANGARAVELYIL HOUSE,, PADINJATTUMBHAGOM KARA, ETTUMANOOR.P.O, PIN - 686631 BY ADVS. LINDONS C.DAVIS E.U.DHANYA SWATHY A.P. RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM PIN - 695001
2 ATHIRAMPUZHA GRAMA PANCHAYAT REPRESENTED BY ITS SECRETARY, ATHIRAMPUZHA.P.O, PIN - 686562 3 SECRETARY, ATHIRAMPUZHA GRAMA PANCHAYAT, ATHIRAMPUZHA.P.O, PIN - 686562 4 OMBUDSMAN FOR LOCAL SELF GOVERNMENT INSTITUTIONS 3RD FLOOR, SAPHALLYAM COMPLEX, WP(C) NO. 1222 OF 2023 2 PALAYAM, UNIVERSITY.P.O, THIRUVANANTHAPURAM PIN - 695034 5 MEENA JNANAPPAN SIVA MANDHIR, ATHIRAMPUZHA PADINJARUBHAGAM, RAILWAY STATION ROAD, ETTUMANOOR, KOTTAYAM PIN - 686631 BY ADVS. ADV VARUGHESE M EASO P.K.RESHMA (KALARICKAL) SMT.PARVATHY.K-GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 1222 OF 2023 3
JUDGMENT
Dated this the 30th day of January, 2023 This writ petition is filed seeking the following reliefs:- i) to issue a Writ of certiorari or any other appropriate writ,
order or direction quashing Exhibit P7 and all further proceedings
pursuant to the same; ii) to issue a Writ of Mandamus or any other appropriate writ,
order or direction directing the 4" respondent to not to proceed
with Ext.P7; iii) to declare that the Honourable Ombudsman has no authority to decide matters as per Section 238(1) of Kerala Panchayat Raj Act.
2. Heard the learned counsel for the petitioner, the learned Standing Counsel appearing for the respondents 2 and 3 as well as the learned Standing Counsel appearing for the 4th respondent.
3. In view of the fact that this writ petition is being closed recording the submissions of respondents 3 and 4, notice to the 5th respondent is dispensed with.
4. It is submitted by the learned counsel for the petitioner
WP(C) NO. 1222 OF 2023 4 that the matter between the petitioner and the 5 th respondent stands covered by Ext.P5 judgment and that the further action taken by the Registry of the 4th respondent in recording the representation submitted by the 5th respondent as a review petition was completely unjustified.
5. The learned counsel appearing for the 4th respondent submits that Ext.P7 was only a mistake committed by the Registry.
6. The learned counsel for the 3rd respondent Panchayat
would contend that Ext.P5 judgment has already been implemented by the Panchayat. In the above view of the matter, nothing survives for consideration in this writ petition. Ext.P7 is set aside. Further contentions if any of the 5th respondent are left open. Sd/- ANU SIVARAMAN JUDGE ska WP(C) NO. 1222 OF 2023 5 APPENDIX OF WP(C) 1222/2023 PETITIONER EXHIBITS Exhibit P1 A COPY OF THE NOTICE ALONG WITH COMPLAINT IN FORM A AND A COMPLAINT DATED 06.09.2021 Exhibit P2 . TRUE COPY OF THE ORDER OF THE OMBUDSMAN DATED 22.12.2021 IN COMPLAINT NO.359/2021 Exhibit P3 . TRUE COPY OF THE ORDER DATED 19.01.2022 OF THE HONOURABLE OMBUDSMAN IN COMPLAINT NO.359/2021 Exhibit P4 A COPY OF THE ORDER DATED 24.02.2022 OF THE HONOURABLE OMBUDSMAN IN COMPLAINT NO.359/2021 Exhibit P5 . A COPY OF THE JUDGMENT DATED 10.11.2022 IN WPC NO.9711/2022 Exhibit P6 A COPY OF THE LETTER SENT BY THE 5TH RESPONDENT BEFORE THE 4TH RESPONDENT DATED 28.11.2022. Exhibit P7 A COPY OF THE NOTICE DATED 20.12.2022 IN RP