Kerala High Court
Vijayan B vs Shahul Hameed on 9 July, 2025
Author: C.S.Dias
Bench: C.S.Dias
WP(C) NO.25033 OF 2025 1 2025:KER:50462
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
WEDNESDAY, THE 9TH DAY OF JULY 2025 / 18TH ASHADHA, 1947
WP(C) NO. 25033 OF 2025
PETITIONER:
VIJAYAN B.
AGED 68 YEARS
S/O BHASKARAN, "VEENA", M.G. NAGAR 56G, VAZHAYILA,
PEROORKKADA. P.O., THIRUVANANTHAPURAM, PIN- 695 005,
THE PROPRIETOR, VIJAYA TEXTILES, NEAR VATTIYOORKAVU
MARKET, VATTIYOORKAVU, THIRUVANANTHAPURAM, PIN -
695013
BY ADVS.
SRI.T.A.RAJEEV
SMT.ARYA A.R.
RESPONDENTS:
1 SHAHUL HAMEED
AGED 57 YEARS
S/O SALAHUDHEEN.P., T.C. 6/93-2, DARUL SALAM,
THOPPUMUKKU, VATTIYOORKAVU. P. O. THIRUVANANTHAPURAM,
PIN - 695013
2 CORPORATION OF THIRUVANANTHAPURAM
VELLAYAMBALAM ROAD, OPPOSITE L.M.S. COMPOUND,
UNIVERSITY OF KERALA SENATE HOUSE CAMPUS P.M.G.,
THIRUVANANTHAPURAM, PIN - 695033
3 THE SECRETARY, THIRUVANANTHAPURAM CORPORATION
VELLAYAMBALAM ROAD, OPPOSITE L.M.S. COMPOUND,
UNIVERSITY OF KERALA SENATE HOUSE CAMPUS P.M.G.,
THIRUVANANTHAPURAM, PIN - 695033
WP(C) NO.25033 OF 2025 2 2025:KER:50462
4 THE EXECUTIVE ENGINEER, THIRUVANANTHAPURAM
CORPORATION
VELLAYAMBALAM ROAD, OPPOSITE L.M.S. COMPOUND,
UNIVERSITY OF KERALA SENATE HOUSE CAMPUS P.M.G.,
THIRUVANANTHAPURAM, PIN - 695033
SC SRI SUMAN CHAKRAVARTHY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.07.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.25033 OF 2025 3 2025:KER:50462
C.S.DIAS, J.
---------------------------------------
WP(C) No. 25033 OF 2025
-----------------------------------------
Dated this the 9th day of July, 2025
JUDGMENT
The writ petition is filed to quash O.P.No.10/2025
(Ext.P1 original petition) pending before the Ombudsman for
Local Self Government Institutions, Thiruvananthapuram.
2. The petitioner is the 1st respondent in Ext.P1
petition, on the file of the Ombudsman, which is filed by the
1st respondent alleging malpractices committed by the
respondents 3 and 4. The 4th respondent had issued a stop
memo to the petitioner to stop the construction of his house.
But, the stop memo was withdrawn by adopting foul
methods. There are civil suits pending between the
petitioner and the 1st respondent before the jurisdictional
Court. The Ombudsman does not have the jurisdiction to
entertain Ext.P1 petition. Even though the petitioner has
preferred Ext.P9 application, to consider the question of
WP(C) NO.25033 OF 2025 4 2025:KER:50462
maintainability of Ext.P1 petition as a preliminary issue, the
same has not been considered. Therefore, Ext.P1 petition
may be quashed.
3. Heard; the learned counsel for the petitioner
and the learned Standing Counsel appearing for the
respondents 2 to 4. In view of the limited relief I proposed
to pass, I dispense with notice to the 1st respondent.
4. The learned counsel for the petitioner
submits that, even though he attempted to file a Vakalath to
enter appearance on behalf of the petitioner the same was
not accepted by the Ombudsman.
5. On a consideration of the facts and the
materials on record, especially that the petitioner has raised
a preliminary issue on the inherent jurisdiction of the
Ombudsman to entertain Ext.P1 petition by filing Ext.P9
maintainability petition, without expressing anything on the
merits of the matter, I dispose of the writ petition, by
directing the Ombudsman to consider the question of
maintainability of Ext.P1 petition as a preliminary issue, in
WP(C) NO.25033 OF 2025 5 2025:KER:50462
accordance with law and as expeditiously as possible, at any
rate, within one month from the date of production of a copy
of the judgment. Until such time orders are passed on
Ext.P9 application, the Ombudsman is directed not to
proceed with Ext.P1 petition. Likewise, if the petitioner files
an application to permit his counsel to appear on his behalf,
the same shall also be permitted by the Ombudsman.
The writ petition is ordered accordingly.
Sd/-
C.S.DIAS, JUDGE
SCB.09.07.25.
WP(C) NO.25033 OF 2025 6 2025:KER:50462
APPENDIX OF WP(C) 25033/2025
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE ORIGINAL PETITION
NO.10/2025 ON THE FILE OF OMBUDSMAN, LSGD,
THIRUVANANTHAPURAM
Exhibit P2 THE TRUE COPY OF THE STOP MEMO PRODUCED BY THE
1ST RESPONDENT IN O. P. NO.10/2025 ON THE FILE
OF OMBUDSMAN, LSGD, THIRUVANANTHAPURAM
Exhibit P3 THE TRUE COPY OF THE PLAINT IN O.S. NO.
1639/2024 DT.04.11.2024 ON THE FILE OF
MUNSIFF'S COURT, THIRUVANANTHAPURAM
Exhibit P4 THE TRUE COPY OF THE SITE APPROVAL AND BUILDING
PERMIT ALONG WITH BUILDING PLAN
Exhibit P5 THE TRUE COPY OF THE REPORT OF THE ADVOCATE
COMMISSIONER DT.13.11.2024 IN O.S. NO.
1639/2024 ON THE FILE OF MUNSIFF'S COURT,
THIRUVANANTHAPURAM
Exhibit P6 THE TRUE COPY OF THE PLAINT IN O.S. NO.
1644/2024 DT.04.10.2024 ON THE FILE OF
MUNSIFF'S COURT, THIRUVANANTHAPURAM
Exhibit P7 THE TRUE COPY OF THE REPORT OF THE ADVOCATE
COMMISSIONER DT.13.11.2024 IN O.S. NO.
1644/2024 ON THE FILE OF MUNSIFF'S COURT,
THIRUVANANTHAPURAM
Exhibit P8 THE TRUE COPY OF THE ORDER DT. 05.05.2025 OF
THE OMBUDSMAN, THIRUVANANTHAPURAM APPOINTING AN
ADVOCATE COMMISSIONER
Exhibit P9 THE TRUE COPY OF THE MAINTAINABILITY PETITION
DT. 09.05.2025 FILED BY THE PETITIONER IN
O.P.NO.10/2025 ON THE FILE OF OMBUDSMAN
Exhibit P10 THE TRUE COPY OF THE PETITION DT.09.05.2025
FILED BY THE PETITIONER IN O.P.NO.10/2025 ON
THE FILE OF OMBUDSMAN
Exhibit P11 THE TRUE COPY OF THE IMPOUNDING PETITION
DT.09.05.2025 FILED BY THE PETITIONER IN
O.P.NO.10/2025 ON THE FILE OF OMBUDSMAN
Exhibit P12 THE TRUE COPY OF THE OBJECTION DT.09.05.2025
FILED BY THE PETITIONER IN O.P.NO.10/2024 ON
THE FILE OF OMBUDSMAN
Exhibit P13 THE TRUE COPY OF THE NOTICE DT. 01.07.2025 SENT
BY THE ADVOCATE COMMISSIONER
