P.P.Mohanan vs Ombudsman For Local Self ...
2021 Latest Caselaw 20431 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
        FRIDAY, THE 1ST DAY OF OCTOBER 2021 / 9TH ASWINA, 1943
                        WP(C) NO. 21344 OF 2009
PETITIONER/S:

            DHARMADAM GRAMA PANCHAYATH
            REPRESENTED BY ITS SPECIAL GRADE, SECRETARY, DHARMADOM-
            670106, THALASSERY, KANNUR DISTRICT.

            BY ADVS.
            SRI.P.V.SURENDRANATH
            SRI.B.S.SYAMANTHAK



RESPONDENT/S:

    1       STATE OF KERALA
            SECRETARY TO DEPARTMENT OF LACAL SELF, GOVERNMENT,
            GOVT.OF KERALA, SECRETARIAT,, THIRUVANANTHAPURAM.

    2       P.P.MOHANAN SO. KRISHNAN
            PUTHIYAPURAYIL HOUSE, MELUR P.O.,, THALASSERY TALUK.



            R1 BY SRI. DHEERAJ, GP

            R2 BY ADV SRI.C.P.PEETHAMBARAN




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.10.2021, ALONG WITH WP(C).17862/2010, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 WP(C) NOS. 21344 OF 2009 & 17862 OF 2010


                                   -2-



                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
        FRIDAY, THE 1ST DAY OF OCTOBER 2021 / 9TH ASWINA, 1943
                        WP(C) NO. 17862 OF 2010
PETITIONER/S:

            P.P.MOHANAN, S/O KRISHNAN, AGED 48 YEARS,
            PUTHIYA PURAYIL HOUSE,MELOOR P.O,THALASSERY TALUK,,
            KANNUR DISTRICT.

            BY ADVS.
            SRI.C.P.PEETHAMBARAN
            SRI.B.R.VIJAYABABU


RESPONDENT/S:

    1       OMBUDSMAN FOR LOCAL SELF GOVERNMENT
            INSTITUTIONS,THIRUVANANTHAPURAM.

    2       THE SPECIAL GRADE SECRETARY
            DHARMADAM GRAMA PANCHAYATH,, DHARMADAM P.O,THALASSERY
            TALUK.

    3       K.RAMAKRISHNAN, AYODHYA, KARIVELOOR
            THALIPARAMBA P.O,KANNUR.

            BY ADVS.
            R3 BY SRI.P.V.SURENDRANATH
            SRI.M.SASINDRAN

            SRI. DHEERAJ, GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.10.2021, ALONG WITH WP(C).21344/2009, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 WP(C) NOS. 21344 OF 2009 & 17862 OF 2010


                                     -3-




                                JUDGMENT

These writ petitions are connected, one filed by a resident within the

limits of the Dharmadam Grama Panchayath, Kannur district; and the other

filed by the Dharmadam Grama Panchayath. Apparently, consequent to the

construction of a compound wall carried out by the petitioner in W.P.

(C).No.17862/2010, issues arose and the Panchayath has demolished the

construction carried out by the petitioner.

2. It is submitted by learned Counsel for the petitioner that

proceedings were initiated against the said action before the Tribunal for

Local Self Government Institutions, however, there were still further

proceedings by and between the parties before the Ombudsman and certain

directions were issued.

3. Today when the matter was taken up, learned Counsel for the

petitioner in W.P.(C).No.17862/2010 submitted that the petitioner has later

reconstructed the compound wall and the Secretary of the Grama

Panchayath is apprehending that the petitioner may file a suit in accordance

with the observations contained in the order passed the Tribunal for Local WP(C) NOS. 21344 OF 2009 & 17862 OF 2010

Self Government Institutions. Sri. C.P.Peethambaran, learned Counsel for

the petitioner fairly submitted that the party has no intention to file any suit

for damages against the Secretary of the Grama Panchayath. Further, he has

also pointed out that the limitation period for filing a suit for damages is only

one year.

4. Anyhow, learned Counsel for the petitioner Grama Panchayath in

the other connected writ petition submitted that, already the petitioner has

filed an application before the Ombudsman for the Local Self Government

Institutions, and unless and until he withdraws the same, it would cause

serious prejudice to the Secretary of the Grama Panchayath as also the

Grama Panchayath. Since learned Counsel for the petitioner Sri.

C.P.Peethambaran has undertaken that he will not press for any reliefs for

damages before the Civil Court or any other statutory authorities, I record

the same, and if any proceedings are still pending before the Ombdusman, or

the petitioner has any benefit of any order passed by the Ombudsman,

petitioner will not make any efforts to execute the same against the

Panchayath and the Secretary of the Grama Panchayath.

5. Taking into account the fact that the petitioner in W.P.

(C).No.17862/2010 has constructed a compound wall, so also the matter is of

the year 2009, I do not find any reason to keep the writ petitions pending WP(C) NOS. 21344 OF 2009 & 17862 OF 2010

before this Court. Parties are directed to comply with the observations and

findings rendered above in letter and spirit.

With the above observations and findings, writ petitions are disposed of.

Sd/-

SHAJI P.CHALY JUDGE

uu 04.10.2021 WP(C) NOS. 21344 OF 2009 & 17862 OF 2010

APPENDIX OF WP(C) 17862/2010

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE COMPLAINT DATED 3/12/2008 GIVEN BY THE OFFICER OF TEMPLE COMMITTEE TO THE 2ND RESPONDENT.

Exhibit P2 TRUE COPY OF NOTICE DATED 24.1.2009 ISSUED BY THE 2ND RESPONDENT .

Exhibit P3 TRUE COPY OF THE REPLY DATED 9/2/2009 SENT BY THE PETITIONER TO THE 2ND RESPONDENT .

Exhibit P4 TRUE COPY OF THE LETTER DATED 28/3/2009 GIVEN BY THE PETITIONER TO THE 2ND RESPONDENT.

Exhibit P5 TRUE COPY OF THE ORDER DATED 30/3/2009 ISSUED BY THE 2ND RESPONDENT.

Exhibit P6 TRUE COPY OF REPLY DATED 6/4/2009 GIVEN BY THE PETITIONER TO THE 2ND RESPONDENT.

Exhibit P7 TRUE COPY OF THE ORDER DATED 13/9/2009 ISSUED BY THE 2ND RESPONDENT

Exhibit P8 TRUE COPY OF THE ORDER DATED 18.6.2009 OF THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTION, THIRUVANANTHAPURAM.

Exhibit P9 TRUE COPY OF THE COMPLAINT DATED 20.7.2009 FILED BY THE OFFICER, OF TEMPLE COMMITTEE BEFORE THE IST RESPONDENT.

Exhibit P10 TRUE COPY OF THE REPORT DATED 30/12010 OF THE DEPUTY DIRECTOR OF PANCHAYATH KANNUR.

Exhibit P11 TRUE COPY OF THE NOTICE DATED 16/2/2010 ISSUED BY THE IST RESPONDENT.

Exhibit P12 TRUE COPY OF THE ORDER DATED 28/5/2010 OF THE IST RESPONDENT.

WP(C) NOS. 21344 OF 2009 & 17862 OF 2010

APPENDIX OF WP(C) 21344/2009

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE REPRESENTATION COMPLAINT FIELD BY ONE BABU KOMARAM REPRESENTING TEMPLE BEFORE THE PANCHAYATH ON 3.12.2008.

Exhibit P2 A TRUE COPY OF THE DIRECTION MADE BY THE SECRETARY, OF THE PANCHAATH TO LDC OF THE PANCHAYATH DATED 5.12.2008 AND REPORT SUBMITTED BY THE SAID OFFICER ON 9.12.2008.

Exhibit P3 A TRUE COPY OF THE NOTICE OF THE 2ND RESPONDENT DATED 20.1.2009.

Exhibit P4 A TRUE COPY OF THE REPLY DATED 9.2.2009 ISSUED BY THE 2ND RESPONDENT.

Exhibit P5 A TRUE COPY OF THE COMMUNICATION DATED 10.2.2009 TO THE 2ND RESPONDENT.

Exhibit P6 A TRUE COPY OF THE PROVISIONAL ORDER WITH NOTICE TO THE 2ND RESPONDENT DATED 30.3.2009.

Exhibit P7 A TRUE COPY OF THE REPLY ISSUED BY THE 2ND RESPONDENT DATED 6.4.2009.

Exhibit P8 A TRUE COPY OF THE FINAL ORDER PASSED BY THE SECRETARY OF THE PANCHAYATH ON 13.4.2009 AND SERVED ON THE 2ND RESPONDENT.

Exhibit P9 A TRUE COPY OF THE ORDER DATED 18.6.2009 IN APPEAL NO. 382/2009 ON THE FILE OF THE TRIBUNAL FOR LOCAL SELF GOVT. INSTITUTION.

Exhibit P10 A TRUE COPY OF THE NOTICE SERVED TO THE SECRETARY TO PANCHAYATH IN OP. 903/2009.

Exhibit P11 A TRUE COPY OF THE COMPLAINT BEFORE THE HONBLE OMBUDSMAN IN O.P. 903/2009.