Point of Law: Power of Ombudsman is confined to deal with any irregularity, corruption, maladministration etc., or to investigate into any allegation contained in a complaint or on a reference from Government or which has come to notice of Ombudsman and that, when empowerment under law is specific and clear, the authority is not expected to traverse beyond same, assuming power from general law of land and adjudicate issues, especially due to fact that parties are at liberty to approach Civil Court to ventilate their grievances.

JUDGMENT :

The writ petition is filed challenging Ext.P8 order passed by the Ombudsman for Local Self Government Institutions (for short, 'the Ombudsman') prohibiting the petitioner from using the building in Re-Sy.No.103/5 in Valavannoor Village as auditorium.

2. According to the petitioner, he constructed a commercial building in 23.673 Ares of land owned by him in the aforesaid survey number for starting furniture business on the basis of Ext.P1 building permit issued by the 2nd respondent, the Secretary (hereinafter referred to as 'Secretary') of the 1st respondent Grama Panchayat ('Panchayat', for short). Upon completion of the construction, the building was assigned with number and occupancy certificate was issued by the Secretary.

3. The petitioner states that when he sustained loss in the furniture business, he decided to start a mini auditorium in the said building and since the plinth area was not sufficient to house the auditorium, he constructed one more floor on the existing building and submitted application for regularisation of that floor. However, finding that the construction is unauthorised and the occupancy of the building was changed without permission, the Secretary passed Ext.P2 order under Section 235W(3) of the Kerala Panchayat Raj Act, 1994 (hereinafter referred to as 'the KPR Act', for short) cancelling the building number and occupancy certificate and directed the petitioner to demolish the entire building.

4. The petitioner challenged Ext.P2 order before the Tribunal for Local Self Government Institutions ('the Tribunal', for short) constituted under Section 271S of the KPR Act invoking the provisions under Section 276 (4) of the said Act. The Tribunal passed Ext.P3 order staying Ext.P2 till the disposal of the appeal.

5. While so, the 5th respondent submitted a complaint before the District Collector against the functioning of auditorium and the same was made over to the Secretary of the Panchayat who issued Ext.P4 notice cum provisional order directing the petitioner to stop the functions in the auditorium till the disposal of the appeal before the Tribunal. The petitioner submitted Ext.P5 reply to Ext.P4 stating that the construction of the building is liable to be regularised. The Secretary issued Ext.P6 communication directing the petitioner to submit application for regularisation of the building. Accordingly, the petitioner submitted Ext.P7 application for regularisation which is yet to be disposed of.

6. The 5th respondent also approached the Ombudsman with a complaint alleging that the petitioner is using a building of commercial occupancy as auditorium and is carrying out unauthorised construction in that building. The Ombudsman passed Ext.P8 order prohibiting the petitioner from using the building as auditorium. The Ombudsman observed that, the dispute pending before the Tribunal is regarding unauthorised construction of building, whereas the allegation in the complaint is regarding the use of building with commercial occupancy as auditorium and ordered that till the construction is regularised in accordance with law, the building cannot be used as auditorium.

7. The petitioner filed Ext.P9 review petition before the Ombudsman contending, inter alia, that Ext.P8 order is issued without hearing him. However, the Ombudsman did not consider the review petition. The petitioner has, accordingly, filed this writ petition challenging Ext.P8 contending that the same is passed in violation of the principles of natural justice and that the Ombudsman ought not have passed the order during the pendency of the proceedings before the Tribunal and the application for regularisation before the Panchayat. The petitioner has also sought for a direction to the 1st respondent to consider Ext.P7 application to regularise the construction of auditorium.

8. This Court, while admitting the writ petition to the file, passed an interim order staying the operation of Ext.P8 and all further proceedings pursuant thereto.

9.