V.O Varghese vs The Ombudsman For Local Self ...
2022 Latest Caselaw 8997 Ker

WP(C) NO. 11461 OF 2013            1



                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
      WEDNESDAY, THE 27TH DAY OF JULY 2022 / 5TH SRAVANA, 1944
                          WP(C) NO. 11461 OF 2013
PETITIONER/S:

      1        V.O VARGHESE
               AGED 75 YEARS
               S/O. OUSEPH, VARAYILAN HOUSE, THURAVUNKARA P.O.,
               KANJOOR, KALADY, ERNAKULAM-683 575.

      2        V.O.PAUL
               AGED 67 YEARS
               S/O. OUSEPH, VARAYILAN HOUSE, THURAVUNKARA P.O.,
               KANJOOR, KALADY, ERNAKULAM-683 575.

      3        V.O.CLEMENT
               AGED 47 YEARS
               S/O. OUSEPH, VARAYILAN HOUSE, THURAVUNKARA P.O.,
               KANJOOR, KALADY, ERNAKULAM-683 575.

               BY ADV SRI.PAUL K.VARGHESE



RESPONDENT/S:

      1        THE OMBUDSMAN FOR LOCAL SELF GOVT,INSTITUTIONS
               BARTUN HILL BUNGLAW KUNNUKUZHI, THIRUVANANTHAPURAM.

      2        THE SECRETARY
               KANJOOR GRAMAPANCHAYATH, KANJOOR, NEAR KALADY, ALUVA,
               THURAVUMKARA P.O., PIN-683 575.

      3        THE KANJOOR GRAMA PANCHAYATH
               KANJOOR, NEAR KALADI, THURUVUMKARA, PIN-683 575.

      4        THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS
 WP(C) NO. 11461 OF 2013              2


               THIRUVANANTHAPURAM.

      5        THE DIRECTOR OF PANCHAYATH
               NEAR MUSEUM, THIRUVANANTHAPURAM.

               BY ADVS.
               GOVERNMENT PLEADER
               SRI.V.A.VINOD
               SRI.P.G.JOSE



OTHER PRESENT:

               SRI.JIBU.T.S, GP




       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 11461 OF 2013                3




                          P.V.KUNHIKRISHNAN, J
                    --------------------------------------------
                        W.P.(C) No.11461 of 2013
                       --------------------------------------
                   Dated this the 27th day of July, 2022


                                  JUDGMENT

The above writ petition is filed with following prayers :

(i) "Call for the records leading to Ext.P7 to P9 notices and quash the same by issuing a writ of certiorari or other appropriate writ or order or direction.

(ii) Issue writ of mandamus or other writ, order or direction commanding the Tribunal for Local Self Government Institutions, Thiruvananthapuram to accept Ext.P11 to P16 appeal petitions and stay petitions in to file and dispose the same on merit and in the meantime all further proceedings against the petitioners pursuant ot P7 and P9 notices may be kept in abeyance.

(iii) Issue a writ of mandamus or other appropriate writ, order or direction commanding the Director of Panchayat Thiruvananthapuram to accept Ext.P18 to P23 appeals and stay petitions into file and dispose the same on merit within a time specified by the Hon'ble Court and in the meantime all further proceedings pursuant to Ext.P7 and P9 may be kept in abeyance.

(iv) Direct the respondents to conduct proper enquiry in the matter with in a time specified by this Hon'ble Court.

(v) Issue such other writ, order or direction as may be necessary in the facts and circumstances of the case." [SIC]

2. The main challenge is against Exts.P7 to P9 notices

issued by the 2nd respondent. Aggrieved by the same, the

petitioners already filed Exts.P18 to P23 before the Director of

Panchayat in the light of Ext.P17, Government circular. The

counsel for the petitioners submitted that the appeals are not

considered.

3. When this writ petition came up for consideration, this

Court issued an interim stay of Exts.P7 and P9 notices and the

stay orders are in force even now. In the light of the fact that the

impugned orders are already challenged before the appellate

authority, there can be a direction to the appellate authority to

consider those appeals and till final decision is taken in the

appeals, the interim order can be allowed to continue.

Therefore, this writ petition is disposed of with the

following directions :

1) There will be a direction to the 5th respondent to

consider Exts.P18 to P23 as expeditiously as possible,

at any rate, within a period of three months from the

date of receipt of a copy of this judgment, after giving

an opportunity of hearing to the petitioners.

2) While considering the appeals, the appellate authority

will consider Ext.P10 order passed by the Geologist.

3) Till final orders are passed as directed above, all

further proceedings consequent to Exts.P7 to P9 are

deferred.

Sd/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF WP(C) 11461/2013

PETITIONER EXHIBITS

EXHIBIT P1: TRUE COPY FOTHE COMPLAINT FILED BY THE PEITIONER BEFORE THE DISTRICT COLLECTOR ERNAKULAM DATED 6.9.2010.

EXHIBIT P2: TRUE COPY OF THE ORDER IN WPC NO.2587/2011 O FTHIS HONOURABLE COURT DATED 25.1.2011.

EXHIBIT P3: TRUE COPY OF THE ORDER OF THE OMBUDSMAN DATED 3.12.2013.

EXHIBIT P4: TRUE COPY OF THE REVIEW PETITION SUBMITTED BY THE PETITIONERS IN ORIGINAL PETITION NO.482/2012 BEFORE THE IST RESPONDENT DATED 25.2.2013.

EXHIBIT P5: TRUE COPY OF THE REVIEW PETITION FILED BY THEPETITIONERS IN ORIGINAL PETITION NO.484/2012 BEFORE THE IST RESPONDENT DATED 25.2.2013.

EXHIBIT P6: TRUE COPY OF THE REVIEW PETITION FILED BY THE PETITIONER IN ORIGINAL PETITION NO.481/2012 BEFORE THE IST RESPONDENT DATED 5.2.2013.

EXHIBIT P7: TRUE COPY OF THE NOTICE NO.C3- 2667/2011 (1) DATED 27.3.2013 ISSUED TO THE 3RD PETITIONER.

EXHIBIT P8: TRUE OCPY OF THE NOTICE NO.3- 2667/2011 (2) ISSUED TO THE 2ND PETITIONER BY THE KANJOOR GRAMA PANCHAYATH DATED 7.3.2013.

EXHIBIT P9: TRUE COPY OF THE NOTICE NO.C3- 2667/2013 (3) ISSUED BY THE KANJOOR GRAMA

PANCHAYAT TO THE IST PETITIONER DATED 27.3.2013.

P10: COPY OF THE NOTICE NO.DOE/3765/E2/12 ISSUED BY THE MINING AND GEOLOGY DEPARTMENT TO THE SECRETARY OF KANJOOR GRAMA PANCHAYATH DTD.16.1.2013.

P11: COPY OF THE APPEAL MEMORANDUM FILED BY THE 1ST PETITIONER BEFORE THE LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM, DTD.11.4.2013.

P12: COPY OF THE STAY PETITION FILED BY THE 1ST PETITIONER BEFORE THE LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM, DTD.11.4.2013.

P13: COPY OF THE APPEAL MEMORANDUM FILED BY THE 2ND PETITIONER BEFORE THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS DTD.11.4.2013.

P14: COPY OF THE STAY PETITION FILED BY THE 2ND PETITIONER BEFORE THE LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM, DTD.11.4.2013.

P15: COPY OF THE APPEAL MEMORANDUM FILED BY THE 3RD PETITIONER.

P16: COPY OF PETITION FILED BY THE 3RD PETITIONER BEFORE THE LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM DTD.11.4.2013.

P17: COPY OF THE NOTIFICATION NO.20944/G3/1D ISSUED BY M.S.K.RAMASWAMI, SPECIAL SECRETARY, DTD.16.11.1978.

P18: COPY OF THE APPEAL PETITION FILED BY THE 1ST PETITIONER BEFORE THE DIRECTOR OF PANCHAYATH, THIRUVANANTHAPURAM, DTD.24.4.2013.

P19: COPY OF THE STAY PETITION FILED BY THE 1ST PETITIONER BEFORE THE DIRECTOR OF PANCHAYATH,

THIRUVANANTHAPURAM DTD.24.4.2013.

P20: COPY OF THE APPEAL PETITION FILED BY THE 2ND PETITIONER BEFORE THE DIRECTOR OF PANCHAYATH, THIRUVANANTHAPURAM DTD.24.4.2013.

P21: COPY OF THE STAY PETITION FILED BY THE 2ND PETITIONER BEFORE THE DIRECTOR OF PANCHAYATH, THIRUVANANTHAPURAM, DTD.24.4.2013.

P22: COPY OF THE APPEAL PETITION FILED BY THE 3RD PETITIONER BEFORE THE DIRECTOR OF PANCHAYATH, THIRUVANANTHAPURAM DTD.24.4.2013.

P23: COPY OF THE STAY PETITION FILED BY THE 3RD PETITIONER BEFORE THE DIRECTOR OF PANCHAYATH, THIRUVANANTHAPURAM DTD.24.4.2013.