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2022 Supreme(Ker) 467

S. MANIKUMAR, SHAJI P. CHALY
Thrissur Corporation Represented By Its Secretary – Appellant
Versus
Jose K. R. , S/o. Rappai – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SANTHOSH P.PODUVAL
For the Respondent: SRI.NAVEEN.T, SRI.KRISHNA PRASAD. S, SMT.SINDHU S KAMATH, SMT.ROHINI NAIR, SMT.SNEHA MANJOORAN, SRI. K.P. HARISH, SR. GOVERNMENT PLEADER

JUDGMENT :

S. MANIKUMAR, J.

Before Lok Ayukta, Jose K.R., S/o. Rappai, Kanjirathingal House, Laloor P.O., respondent No.1, has filed a complaint alleging that respondent No.6 has constructed a tele communication tower without necessary permission and that the petitioner Corporation is not taking effective steps to demolish the unauthorised construction.

2. Having regard to the averments made in the complaint and the materials on record, Lok Ayukta passed Ext. P1 order dated 14.10.2019 in Complaint No. 1610/2014A. Operative portion of the said order reads thus:

    “... In these circumstances, the new Secretary of the Thrissur Corporation is directed to see that the Generator in question is removed without any delay and at any rate, within four weeks from the date of receipt of a copy of this order and report compliance to this Forum before the next posting date of the case.”

3. Contending inter alia that the Upa Lok Ayukta has no jurisdiction to entertain any complaint against a public servant as defined in Chapter XXV of the Kerala Panchayat Raj Act, 1994 ('Act, 1994' for short) after the constitution of Ombudsman, instant writ petition is filed by the Thrissur Corporation.

4. According to

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