Kerala High Court
The Village Officer vs S.Abdul Shakeer on 2 November, 2024
2024:KER:82756
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR
&
THE HONOURABLE MR. JUSTICE S.MANU
SATURDAY, THE 2ND DAY OF NOVEMBER 2024 / 11TH KARTHIKA, 1946
WP(C) NO. 35996 OF 2015
PETITIONER:
THE VILLAGE OFFICER
AGED 52 YEARS
SASTHAMANGALAM, THIRUVANANTHAPURAM.
BY ADV GOVERNMENT PLEADER
RESPONDENTS:
1 S.ABDUL SHAKEER
T.C.5/2353 (6) SNEHA THEERAM, KOWDIAR,
THIRUVANANTHAPURAM-695003.
2 THE KERALA LOK AYUKTA
REPRESENTED BY THE REGISTRAR, THIRUVANANTHAPURAM-
695033.
BY ADVS.
SRI.G.S.REGHUNATH
SRI.K.B.PRADEEP
SMT.RENU. D.P., SC, LOK AYUKTA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.11.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) No. 35996 of 2015
2
2024:KER:82756
JUDGMENT
Dated this the 2nd day of November 2024
Nitin Jamdar, C.J.
Heard Mr.G.S.Reghunath, learned counsel for Respondent No.1
and Mr. V. Tekchand, learned Senior Government Pleader appearing for
the Petitioners.
2. This Writ Petition is filed by the Village Officer, Sasthamangalam,
Thiruvananthapuram, challenging the order passed by the Lok Ayukta
dated 18 November 2015 directing the Petitioner - Village Officer to
issue location and possession certificate to the first Respondent.
3. We have heard the learned counsel for the first Respondent. Apart
from the contention raised on merit by the learned Senior Government
Pleader and also the issue of jurisdiction, we note that the impugned
order, Exhibit P1 is an interim order passed by the Lok Ayukta and the
main proceedings are pending. Ext.P1 order has been stayed by this
Court on 27 November 2015 and the position has continued till date for
almost 9 years.
4. The main proceeding before the Lok Ayukta, as we are informed
has not been disposed of.
5. Considering the above position, we are of the opinion that it would
be appropriate that the Lok Ayukta decides the proceedings finally and to
continue the interim order till the matter is so finally decided by the Lok
2024:KER:82756
Ayukta.
6. Therefore, we dispose of the Writ Petition No.35996 of 2015 by
directing that the interim order passed in this Writ Petition on 27
November 2015 shall continue till the disposal of the proceedings by the
Lok Ayukta. The observations made in the impugned order dated 18
November 2015 shall be treated as a prima facie opinion and the
proceedings be decided by the Lok Ayukta uninfluenced by the
observations made in the impugned order dated 27 November 2015. The
Lok Ayukta will consider the feasibility of taking up the matter at an early
date.
7. All contentions of the parties are left open, including the
maintainability of the complaint.
8. This Writ Petition is disposed of in the light of the above.
sd/-
Nitin Jamdar
Chief Justice
sd/-
S. Manu
Judge
Nsd
2024:KER:82756
APPENDIX OF WP(C) 35996/2015
PETITIONER EXHIBITS
EXHIBIT P1: TRUE COPY OF THE ORDER DATED 18.11.2015
ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P2: TRUE COPY OF THE COMPLAINT FILED BY THE
IST RESPONDENT BEFORE THE 2ND RESPONDENT.
EXHIBIT P3: TRUE COPY OF THE STATEMENT FILED BEFORE
THE 2ND RESPONDENT BY THE PETITIONER.
EXHIBIT P4: TRUE COPY OF THE ADDITIONAL STATEMENT
FILED BEFORE THE 2ND RESPONDENT BY THE
PETITIONER.
EXHIBIT P5: TRUE COPY OF THE LOCATION PLAN.
