K.Krishnan Perumbala vs Chemnad Grama Panchayath
2023 Latest Caselaw 862 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
     TUESDAY, THE 17TH DAY OF JANUARY 2023 / 27TH POUSHA, 1944
                       WP(C) NO. 19165 OF 2022
PETITIONER:

          K. KRISHNAN PERUMBALA
          AGED 67 YEARS
          S/O. LATE RAMAN KANISAN,
          MEMBER OF WARD NO.3 OF CHEMANAD GRAMA PANCHAYATH,
          VALIYA VEEDU, PERUMBALA P. O,
          VIA KALANAD, KASARAGOD - 671 317.

          BY ADV R.KRISHNAKUMAR (CHERTHALA)

RESPONDENTS:

    1     CHEMNAD GRAMA PANCHAYATH
          REPRESENTED BY ITS SECRETARY,
          PANCHAYATH OFFICE, CHEMNAD,
          KASARAGOD - 671 317.
    2     VILLAGE OFFICER,
          PERUMBALA, VILLAGE OFFICE,
          PERUMBALA, KASARAGOD TALUK - 671 317.
    3     PERUMBALA MUHIYUDHEEN JUMA-ATH,
          REPRESENTED BY ITS PRESIDENT,
          P.ABDULLA KUNHI, PERUMBALA,
          KASARAGOD - 671 317.

          BY ADVS.
          SRI. M.S.IMTHIYAZ AHAMMED
          SRI. A.ARUNKUMAR
          SRI. S.SHYAM KUMAR
          SMT. SURYA BINOY - SR. GP



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.19165 OF 2022

                                  2




                                JUDGMENT

The petitioner has filed this writ petition

challenging Ext.P4 order passed by the Ombudsman

for Local Self Government Institutions (for short, 'the

Ombudsman'). The petitioner approached the

Ombudsman contending that the 3rd respondent has

made certain unauthorised constructions in spite of

the stop memo issued by the 1st respondent. As per

Ext.P4 order, the Ombudsman directed the 1 st

respondent to assign U/A number to the building of

the 3rd respondent by accepting fee on condition that

the 3rd respondent obtains permission from the

statutory authorities regularising the construction

within six months. Challenging the said order to the

extent it directed the 1st respondent to assign U/A

building number to the 3rd respondent and to WP(C).No.19165 OF 2022

consider the application for regularisation, the

petitioner has approached this Court.

2. According to the petitioner, the Ombudsman

is not having jurisdiction to pass an order in the

nature of Ext.P4 in a petition preferred by the

petitioner.

3. The learned counsel for the 3rd respondent

has entered appearance and states that the property

of the 3rd respondent has been deleted from the data

bank and that there is no prohibition whatsoever in

the Panchayat considering the application for

regularisation of the construction of the building.

4. Heard the learned counsel for the petitioner

and the learned counsel for the respondents.

5. The powers and functions of the

Ombudsman have been statutorily fixed under the

Kerala Panchayat Raj Act. Going by Ext.P4, it is seen

that the Ombudsman has given certain directions to WP(C).No.19165 OF 2022

the 1st respondent to number the building of the 3 rd

respondent and for taking steps to regularise the

constructions carried out by the 3 rd respondent. Such

directions can be issued by the Ombudsman only if

there is allegation of maladministration or corruption

or irregularity by the officers or the members of the

Local Self Government Institutions. Section 271M (4)

(b) of the Kerala Panchayat Raj Act provides that the

Ombudsman shall not enquire into complaint relating

to any matter in respect of which remedies are

available before the Tribunal for Local Self

Government Institutions. Since the functions and

powers of the Ombudsman have been statutorily

fixed, I am of the view that, the Ombudsman has no

jurisdiction to issue an order in the nature of Ext.P4.

Accordingly, Ext.P4 is set aside. It is made clear

that, setting aside of Ext.P4 for want of jurisdiction

will not prevent the 1st respondent from exercising WP(C).No.19165 OF 2022

the powers conferred by the statute with regard to

the regularisation of the construction. If the

petitioner or the 3rd respondent has any further

grievance in the matter, it is for them to approach the

1st respondent for necessary orders.

The writ petition is disposed of.

Sd/-

MURALI PURUSHOTHAMAN JUDGE

SPR WP(C).No.19165 OF 2022

APPENDIX

PETITIONER'S EXHIBITS:-

EXHIBIT P1 A TRUE COPY OF THE GIFT DEED EXECUTED BY P.A ABBAS IN FAVOUR OF THE 3RD RESPONDENT DATED 21-08-2021.

EXHIBIT P2 A TRUE COPY OF THE STOP MEMO NO. JC3-

1680/22 DATED 28-02-2022 OF THE 1ST RESPONDENT.

EXHIBIT P3 A TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE HON'BLE OMBUDSMAN DATED 16-03-2022.

EXHIBIT P4 A TRUE COPY OF THE ORDER DATED 12-05-

2022 IN COMPLAINT NO.267/2022 OF HON'BLE OMBUDSMAN.

RESPONDENTS EXHIBITS:-

EXHIBIT R3 (a) A TRUE COPY OF REGISTERED GIFT DEED NO. 3629/1/2021 OF SRO, KASARAGOD. EXHIBIT R3 (b) A TRUE COPY OF THE RECENT BASIC TAX RECEIPT DATED 18.04.2022.

      EXHIBIT R3 (c)     A TRUE COPY OF THE REPLY DATED
                         14.03.2022    ISSUED   BY    THE   1ST
                         RESPONDENT.
      EXHIBIT R3 (d)     A TRUE COPY OF THE ONLINE APPLICATION

DATED 21.03.2022 SUBMITTED BEFORE THE 1ST RESPONDENT.

EXHIBIT R3 (e) A TRUE COPY OF THE RECEIPT DATED 07.05.2022 SHOWING THE PAYMENT FOR OBTAINING SATELLITE IMAGE AND REPORT. EXHIBIT R3 (f) A TRUE COPY OF THE SATELLITE REPORT HAS BEEN RECEIVED FROM THE DIRECTOR KSREC.

EXHIBIT R3 (g) A TRUE COPY OF THE JUDGMENT DATED 29.06.2022 IN WPC NO.21158/2022. EXHIBIT R3 (h) TRUE COPIES OF THE PHOTOGRAPHS SHOWING THE NATURE OF THE PROPERTY AND THE CONSTRUCTION DONE.

      EXHIBIT R3 (i)     A TRUE COPY OF THE ORDER DATED
                         26.02.2022    PASSED   BY    THE   1ST
                         RESPONDENT.
 WP(C).No.19165 OF 2022



      EXHIBIT R3(j)      A TRUE COPY OF THE ORDER DATED 01-10-
                         2022 OF THE RDO, KASARAGOD.
      EXHIBIT R3(k)      A TRUE COPY OF THE ORDER DATED 28-12-
                         2022 OF THE RDO, KASARAGOD
      EXHIBIT R3(l)      A TRUE COPY OF THE REGULARIZATION

APPLICATION SUBMITTED ON BEHALF OF THE MUHIYUDHEEN JUMA MASJID.