Kerala High Court
Mazhuvannoor Grama Panchayat vs The Ombudsman For Local Self Government on 22 October, 2025
W.P.(C).No.42515 of 2022 1
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 22ND DAY OF OCTOBER 2025 / 30TH ASWINA, 1947
WP(C) NO. 42515 OF 2022
PETITIONER:
MAZHUVANNOOR GRAMA PANCHAYAT,
AIRAPURAM P.O., ERNAKULAM, PIN-683541,
REPRESENTED BY ITS PRESIDENT, BINCY BAIJU
BY ADVS.
SHRI.BLAZE K.JOSE
SMT.URMILA ZACHARIA
RESPONDENTS:
1 THE OMBUDSMAN FOR LOCAL SELF GOVERNMENT,
SAPHALYAM COMPLEX, TRIDA BUILDING, UNIVERSITY
P.O, PALAYAM, THIRUVANANTHAPURAM - 695034,
REPRESENTED BY ITS SECRETARY
2 DISTRICT COLLECTOR,
COLLECTORATE, KAKKANAD, ERNAKULAM, PIN-682030
3 REVENUE DIVISIONAL OFFICER,
CIVIL STATION, MUVATTUPUZHA, ERNAKULAM, PIN-
686661.
4 M.R VENUGOPALAN NAIR,
S/O. RAMAN NAIR, MALAYIDAPADATH HOUSE, VALAMBOOR,
PATTIMATTAM VILLAGE, ERNAKULAM-683562.
BY ADVS.
SMT.P.K.RESHMA (KALARICKAL), SC, OFFICE OF THE
W.P.(C).No.42515 of 2022 2
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OMBUDSMAN FOR LOCAL SELF GOVERNMENT INSTITUTIONS
SRI.T.A.UNNIKRISHNAN
SRI.K.K.AKHIL
SMT.T. SREELAKSHMI UNNIKRISHNAN
OTHER PRESENT:
GP- NIMA JACOB
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 22.10.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C).No.42515 of 2022 3
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VIJU ABRAHAM, J.
--------------------
W.P.(C).No.42515 of 2022
--------------------------------
Dated this the 22nd day of October, 2025
JUDGMENT
Petitioner has approached this Court
challenging Exts.P7 and P12 orders of the 1st
respondent and for a further direction to
respondents 2 and 3 to consider Ext.P15 decision
of the petitioner Panchayath.
2. Petitioner is a Panchayath, has
approached this Court challenging the order passed
by the 1st respondent, Ombudsman for Local Self
Government Institutions. It is contended that a
road was constructed converting a walkway bund by
certain residents in Ward No.18 after
surrendering/annexing portions of the dry-land
property of the residents, since there was no
motorable road facility for more than 20 families.
Alleging that the construction of the road is in
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violation of the Kerala Conservation of Paddy Land
and Wetland Act, 2008 and Rules thereon, a
complaint was preferred by the 4th respondent
before the District Collector, which culminated in
Ext.P4 order, wherein a direction was issued to
restore the 'thodu' to its original position.
Alleging non-compliance with the said direction
issued by the District Collector, the 4th
respondent approached the 1st respondent, Ombudsman
for Local Self Government Institutions, wherein
directions were issued by the Ombudsman to comply
with the direction issued by the District
Collector. Alleging non-compliance of the
directions contained in Exts.P7 order, Ext.P12
order was issued by the Ombudsman directing
coercive action against the officials of the
Panchayath, including withholding of salary of the
Secretary of the Panchayath.
3. The specific case of the petitioner
Panchayath is that the direction of the District
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Collector contained in Ext.P4 has been
substantially complied with, and the petitioner
Panchayath resolved, as per Ext.P15, to bring the
said fact to the notice to the District Collector.
4. A detailed counter affidavit has been
filed by the 4th respondent, wherein it is
submitted that some persons in the locality has
reclaimed the 'Thodu' by depositing earth
illegally, which was in violation of the Kerala
Conservation of Paddy Land and Wetland Act, 2008
and in the said circumstance, Ext.P4 order was
issued, as Ext.P4 order was not complied with, the
4th respondent has approached the Ombudsman for
Local Self Government Institutions, who issued the
orders impugned in this writ petition. Since the
reclamation was in violation of the Act,2008 and
the Rules, the direction issued by the Ombudsman
is perfectly legal and valid.
5. I have heard the rival contentions on
both sides.
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6. The specific contention raised by the
petitioner Panchayath is that the direction in
Ext.P4 order by the District Collector has been
duly complied with, and a decision was taken by
the petitioner Panchayath as per Ext.P15 to move
the District Collector and intimate the compliance
of the direction in Ext.P4 and to seek
reconsideration of the direction issued in Ext.P4.
In view of the specific assertion made by the
petitioner that the direction in Ext.P4 order has
been complied with, I am of the opinion that the
matter requires re-consideration by the 2nd
respondent, District Collector.
7. Taking into consideration, the above facts
and circumstances, and after hearing the learned
counsel appearing on both sides, the writ petition
is disposed of as follows:
Exts.P7 and P12 orders of the 1 st respondent
are set aside. The petitioner may move a request
along with Ext.P15 decision before the 2nd
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respondent, District Collector, who shall conduct
an enquiry into the same and hear the petitioner
as well as the 4th respondent and pass appropriate
orders thereon. If the District Collector finds
that the direction in Ext.P4 has not been complied
with, the District Collector will be free to take
appropriate action in accordance with law.
Sd/-
VIJU ABRAHAM,JUDGE
pm
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APPENDIX OF WP(C) 42515/2022
PETITIONER'S EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE DECISION NO.6 DATED
17.04.2015 OF THE MAZHUVANNOOR GRAMA
PANCHAYAT
EXHIBIT P2 A TRUE COPY OF THE ORDER NO.A4-2045/15
DATED 06.05.2015 OF THE RDO
MUVATTUPUZHA
EXHIBIT P3 A TRUE COPY OF THE JUDGMENT IN
WP(C).NO. 10560 OF 2016 DATED
18.03.2016
EXHIBIT P4 A TRUE COPY OF THE ORDER NO. L17-
23775/15 DATED 08.06.2016 OF THE
DISTRICT COLLECTOR, ERNAKULAM
EXHIBIT P5 A TRUE COPY OF THE DECISION NO.22/1
DATED 23.11.2021 OF THE MAZHUVANNOOR
GRAMA PANCHAYAT
EXHIBIT P6 A TRUE COPY OF THE COMPLAINT DATED
2/2/2022 SUBMITTED BY THE 4TH
RESPONDENT
EXHIBIT P7 A TRUE COPY OF THE ORDER IN COMPLAINT
NO. 105/2022 DATED 17.05.2022 BY THE
1ST RESPONDENT
EXHIBIT P8 A TRUE COPY OF THE DECISION
NO.15/1DATED 23.7.2022 OF THE
MAZHUVANNOOR GRAMA PANCHAYAT
EXHIBIT P9 A TRUE COPY OF THE RELEVANT PAGES OF
THE ASSET REGISTER OF MAZHUVANNOOR
GRAMA PANCHAYAT
EXHIBIT P10 A TRUE COPY OF THE REPORT FILED BY THE
SECRETARY MAZHUVANNOOR GRAMA PANCHAYAT
TO THE 1ST RESPONDENT DATED 01.08.2022
EXHIBIT P11 A TRUE COPY OF THE COMPLAINT DATED
20.08.2022 SUBMITTED BY THE 4TH
RESPONDENT TO THE 1ST RESPONDENT
EXHIBIT P12 A TRUE COPY OF THE ORDER IN CMP
NO.133/2022 IN COMPLAINT NO.105/2022
DATED 28.10.2022 OF THE 1ST RESPONDENT
EXHIBIT P13 A TRUE COPY OF THE REPORT OF THE
CHENGARA PAADASHEKHARA SAMITHI TO THE
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2ND RESPONDENT
EXHIBIT P14 A TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE CHENGARA PAADASHEKHARA
SAMITHI TO THE PETITIONER DATED
06.12.2022
EXHIBIT P15 A TRUE COPY OF DECISION NO. 27/1 DATED
07.12.2022 OF MAZHUVANNOOR GRAMA
PANCHAYAT
EXHIBIT P16 A TRUE COPY OF THE PHOTOGRAPHS OF THE
CURRENT STATUS OF POTHANAMCHIR -
VALAMBUR THODU IN MAZHUVANNOR
PANCHAYATH
EXHIBIT P17 A TRUE COPY OF THE SKETCH OF THE NEW
ROAD AND POTHANAMCHIR - VALAMBUR THODU
IN MAZHUVANNOR PANCHAYATH
