Kerala High Court
Lalitha A.K vs State Of Kerala on 9 June, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 9TH DAY OF JUNE 2022 / 19TH JYAISHTA, 1944
WP(C) NO. 12002 OF 2022
PETITIONER:
LALITHA A.K
AGED 55 YEARS
W/O. LATE K.KRISHNANKUTTY, NELLIKUNNATHU HOUSE,
AKAMPADAM P.O., KUMARANELLUR, THRISSUR DISTRICT,
PIN-680 590, PRESENTLY WORKING AS HEAD CLERK,
AVANOOR GRAMA PANCHAYATH, MEDICAL COLLEGE P.O.,
VELLAPPAYA, THRISSUR ,PIN-680 596
BY ADVS.
GEORGE SEBASTIAN
ARUN LUCKOSE ABRAHAM
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO THE
DEPARTMENT OF LOCAL SELF GOVERNMENT,
SECRETARIAT, THIRUVANANTHAPURAM,PIN-695 001
2 THE OMBUDSMAN
MAHATMA GANDHI NATIONAL RURAL EMPLOYMENT GUARANTEE
SCHEME, DSMS BUILDING, NEAR ESI HOSPITAL,
PULLAZHY P.O., OLARI, THRISSUR-680 012
3 THE AVANOOR GRAMA PANCHAYAT,
REPRESENTED BY ITS SECRETARY,
MEDICAL COLLEGE P.O., VELLAPPAYA,
THRISSUR ,PIN-680 596
4 ANTO.K.JOHN,
KOLAMBRATH HOUSE, AVANOOR P.O., VARADIYAM,
THRISSUR DISTRICT,PIN-680 541
BY ADV C.A.ANOOP, SMT.K.R.DEEPA, SR.SPL.GP (LSGD)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 09.06.2022, ALONG WITH WP(C).13330/2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).No.12002 & 13330 of 2022
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 9TH DAY OF JUNE 2022 / 19TH JYAISHTA, 1944
WP(C) NO. 13330 OF 2022
PETITIONERS:
1 JAYAN.M
AGED 54 YEARS
S/O. M. ACHUTHA MENON, MARATH (H), P.O,
ARIMBOOR - 680620, PANCHAYTH SECRETARY, AVANUR
GRAMA PANCHAYATH.
2 VINU,
AGED 46 YEARS
S/O.MANI, GEETHANJALI, KUNJALIKKALLANE,
AYYANTHOLE - 680003, ASSISTANT SECRETARY,
AVANUR GRAMA PANCHAYATH.
3 PREETHY M.R,
W/O. RAJESH, ALAKKURI PARAMBIL (H), MANITHARA,
MEDICAL COLLEGE P.O, 680596, ACCREDITED
ENGINEER, AVANUR GRAMA PANCHAYATH.
4 BINDU K.S,
AGED 43 YEARS
W/O. JAYARAJAN K.P, KURIAKOTT(H), VARADIYAM
P.O, AVANUR - 680541, OVERSEER, AVANUR GRAMA
PANCHAYATH.
BY ADVS.
JAYAN.M(Party-In-Person)
GEORGE SEBASTIAN
RESPONDENTS:
1 OMBUDSMAN
OFFICE OF THE OMBUDSMAN, MAHATMA GANDHI
NATIONAL RURAL EMPLOYMENT GUARANTEE SCHEME,
DSMS, BUILDING, NEAR ESI HOSPITAL, PULLAZHI,
OLARI P.O, - 680012.
2 ANTO K. JOHN,
AGED 42 YEARS
S/O. JOHNY P.M, KOLAMBRATH (H), (11/475A),
AVANOOR P.O, THRISSUR -680541.
W.P.(C).No.12002 & 13330 of 2022
3
3 DISTRICT COLLECTOR
DISTRICT COLLECTOR OFFICE, 1ST FLOOR, CIVIL
STATION, KALYAN NAGAR, AYYANTHOLE - 680003.
4 AVANUR GRAMA PANCHAYATH
REPRESENTED BY ITS SECRETARY, PANCHAYATH
OFFICE, AVANUR, THRISSUR - 680541.
OTHER PRESENT:
SMT.K.R.DEEPA , SPL.GP(LSGD)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 09.06.2022, ALONG WITH WP(C).12002/2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).No.12002 & 13330 of 2022
4
P.V.KUNHIKRISHNAN, J.
--------------------------------
W.P.(C).Nos.12002 & 13330 of 2022
----------------------------------------------
Dated this the 09th day of June, 2022
JUDGMENT
These two writ petitions are connected and therefore, I
am disposing these writ petitions by a common judgment.
2. Petitioner in W.P.(C). No.12202 of 2022 is the Head
Clerk of the 3rd respondent Grama Panchayat. Petitioners in
W.P.(C). No.13330 of 2022 are the Secretary, Assistant
Secretary, Accredited Engineer and Overseer of the same
Grama Panchayat. Both these writ petitions are filed against
an order passed by the Ombudsman for Mahatma Gandhi
National Rural Employment Guarantee Scheme (for short,
Ombudsman). Ext.P4 produced in W.P.(C). No.12202 2022
(Ext.P7 in W.P.(C). No.13330 of 2022) is the impugned order.
3. The procedure to be followed by the Ombudsman is
clearly stated in Ext.P5 in W.P.(C.) No.12202 of 2022. It is an
admitted fact that the impugned orders in these writ petitions
are passed behind the back of the petitioners. There are
certain directions/recommendations issued in the impugned
W.P.(C).No.12002 & 13330 of 2022
orders against the petitioners. But, it is an admitted fact that
these orders are passed without giving an opportunity of
hearing to the petitioners. A perusal of Ext.P5 guidelines,
which is produced in W.P.(C.) No.12202 also 2022 also will
show that an opportunity of being heard is necessary after
serving a copy of the complaint and other documents.
Therefore, without going to the merit of the case, the
impugned orders can be set aside directing the Ombudsman
to reconsider the matter after giving an opportunity of hearing
to the petitioners and the Panchayat concerned. The
Ombudsman will furnish a copy of the complaint and other
documents which are going to be relied on, to the petitioners
and other affected parties.
Therefore, this writ petition is allowed in the following
manner:
1. Ext.P4 in W.P.(C). No.12202 of 2022 (Ext.P7 in
W.P.(C). No.13330 of 2022) is set aside.
2. The Ombudsman for Mahatma Gandhi
National Rural Employment Guarantee
Scheme is directed to reconsider the matter
afresh, after giving an opportunity of hearing
W.P.(C).No.12002 & 13330 of 2022
to the petitioners, Panchayat and other
affected parties in accordance to the
guidelines.
3. Before passing final orders, the Ombudsman
will serve a copy of the complaint and other
documents which are going to be relied on by
him to the petitioners
4. The petitioners are free to adduce oral and
documentary evidence.
Sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
W.P.(C).No.12002 & 13330 of 2022
APPENDIX OF WP(C) 12002/2022
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE COMPLAINT DATED
11.2.2022 FILED BY THE 4TH RESPONDENT
BEFORE THE 3RD RESPONDENT
Exhibit P2 A TRUE COPY OF THE NOTICE DATED
26.2.2022 ISSUED BY THE 2ND RESPONDENT
TO THE SECRETARY OF THE 3RD RESPONDENT
Exhibit P3 A TRUE COPY OF THE STATEMENT DATED
2.3.2022 OF THE PETITIONER RECORDED BY
THE 2ND RESPONDENT
Exhibit P4 TRUE COPY OF THE AWARD DATED 11.2.2022
PASSED BY THE 2ND RESPONDENT
Exhibit P5 A TRUE COPY OF THE INSTRUCTIONS FOR
OMBUDSMAN ISSUED BY THE MINISTRY OF
RURAL DEVELOPMENT , MAHATMA GANDHI
NFEGA DIVISION DATED 28.8.2017
W.P.(C).No.12002 & 13330 of 2022
APPENDIX OF WP(C) 13330/2022
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE STATEMENT GIVEN
BY THE REGULAR WOMEN WORKERS UNDER THE
EMPLOYMENT, GUARANTEE SCHEME DATED
28.2.2022.
Exhibit P2 TRUE COPY OF THE PHOTOGRAPHS OF THE
POND.
Exhibit P3 THE TRUE COPY OF THE REPORT SUBMITTED
BY THE PETITIONER TO THE 1ST
RESPONDENT DATED 04.03.2022.
Exhibit P4 THE TRUE COPY OF THE STATEMENT REPORT
SUBMITTED BY THE WARD MEMBER TO THE
BLOCK PROGRAMME OFFICER.
Exhibit P5 THE TRUE COPY OF THE STATEMENT GIVEN
BY THE WORKERS IN THE SAID PROJECT.
Exhibit P6 THE TRUE COPY OF THE ORDER IN WP(C)
12002/2022 DATED 04.04.2022.
Exhibit P7 COPY OF THE ORDER OF THE 1ST
RESPONDENT DATED 25.03.2022.
