V.V.George vs The Secretary
2022 Latest Caselaw 1783 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     WEDNESDAY, THE 16TH DAY OF FEBRUARY 2022 / 27TH MAGHA, 1943
                          WP(C) NO. 5190 OF 2022
PETITIONER:

              V.V.GEORGE,
              AGED 58 YEARS
              S/O. LATE V.V. VARKEY, RESIDING AT VALLURAN HOUSE,
              NEAR HOSPITAL JUNCTION, NJARAKKAL, VYPIN,
              ERNAKULAM DISTRICT.
              BY ADVS.
              B.KRISHNA MANI
              N.V.SANDHYA
              P.V.VIBIN
              DHANUJA M.S
RESPONDENTS:

     1        THE SECRETARY,
              OMBUDSMAN FOR LOCAL SELF GOVERNMENT INSTITUTIONS,
              THIRUVANANTHAPURAM-695001.
     2        THE SECRETARY,
              NJARAKKAL GRAMA PANCHAYAT, NJARAKKAL
              ERNAKULAM DISTRICT-682505.
     3        THOMAS,
              S/O. LATE VARKEY, RESIDING AT VALLURAN HOUSE,
              HOSPITAL ROAD, NJARAKKAL, VYPIN, ERNAKULAM-682505.
              SRI.M.N.SANJITH, SC
              SRI.VINITHA B., SR. GP
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 5190 OF 2022

                                      2




                               JUDGMENT

Dated this the 16th day of February, 2022

The learned counsel appearing for the petitioner submits that it was

only because the petitioner and the counsel could not login before the

Ombudsman that they could not appear on the date when Ext.P9 order

was passed. The learned counsel for the petitioner seeks liberty to

approach the Ombudsman and raise his contentions. It is submitted that

the petitioner will also attempt an appeal as against Ext.P7 order before

the Tribunal.

2. I am of the opinion that it is for the petitioner, who was a party

respondent before the Ombudsman, to approach the Ombudsman and seek

a variation of the order and seek permission for extension of time for

removing the offending encroachment, if any.

3. The petitioner is given one week time to approach the Ombudsman

during which time the order shall not be enforced against him, if it is not

already enforced. Reserving liberty to the petitioner to approach the WP(C) NO. 5190 OF 2022

Ombudsman seeking time as stated above, this writ petition is closed.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 5190 OF 2022

APPENDIX OF WP(C) 5190/2022

PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF THE DECREE DATED 10/08/2012 IN OS NO.329/2009 BEFORE THE MUNSIFF'S COURT, KOCHI. Exhibit P2 TRUE COPY OF THE ORDER DATED 31/10/82016 IN EP 28/2015 IN OS 329/2009 BEFORE THE MUNSIFF'S COURT, KOCHI.

Exhibit P3 TRUE COPY OF THE OP 960/2018 DATED 08/10/2018 BEFORE THE OMBUDSMAN FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM. Exhibit P4 TRUE COPY OF THE ORDER DATED 01/01/2020 BY THE SECRETARY, NJARAKKAL GRAMA PANCHAYAT. Exhibit P5 TRUE COPY OF THE NOTICE DATED 29/01/2020 FROM THE SECRETARY, NJARAKKAL GRAMA PANCHAYAT. Exhibit P6 TRUE COPY OF THE PROCEEDING DATED 06/02/2020 FROM THE SECRETARY, NJARAKKAL GRAMA PANCHAYAT. Exhibit P7 TRUE COPY OF THE ORDER DATED 02/03/2020 ALONG WITH NOTICE DATED 02/03/2020 ISSUED BY THE SECRETARY, NJARAKKAL GRAMA PANCHAYATH. Exhibit P8 TRUE COPY OF THE NOTICE DATED 01/01/2022 ISSUED BY THE SECRETARY, NJARAKKAL GRAMA PANCHAYATH.

Exhibit P9 TRUE COPY OF THE ORDER DATED 24/01/2022 PASSED BY THE OMBUDSMAN FOR LOCAL SELF GOVERNMENT INSTITUTIONS.

RESPONDENTS' EXHIBITS: NIL