Point of Law: Section 9 of the Act, 1999 deals with provisions relating to complaints and investigation.

JUDGMENT :

S.Manikumar, J.

Instant writ petition is filed by the petitioner seeking for the following reliefs:

“i. To set aside Ext. P5 order and allow the petitioner to implead affected parties and prosecute the matter before the Lok Ayukta.

ii. Direct the Lok Ayukta to reconsider Ext. P3 complaint after affording petitioner an opportunity to implead the affected persons.”

2. Short facts leading to the filing of the writ petition are as under:

2.1. Petitioner has lodged a complaint before the Kerala Lok Ayukta on 16.02.2012, highlighting the misappropriation of Government properties, by creating title documents, with the active connivance of respondents therein – Government officials. Said complaint was taken on file by the Lok Ayukta on 25.04.2012.

2.2. The Lok Ayukta admitted the matter on 28.06.2012, and the respondents have filed their respective statements.

2.3. When the matter was taken up, the Upa Lok Ayukta, without acceding to the request of the petitioner to permit him to implead the affected persons, has dismissed the complaint vide Exhibit-P5 order dated 7.3.2014 in Complaint No.1085/2012, holding that the affected persons are not in the party array. Petitioner was not even permitted to adduce additional evidence.

3. Being aggrieved by Exhibit P5 order passed by the Upa Lok Ayukta dated 7.3.2014, instant writ petition is filed, inter alia, on the following grounds:

A. The Upa Lok Ayukta should not have taken a hyper technical view while disposing of the application before it, even though the statute mandates the Lok Ayukta to seek for ends of justice rather than to be hyper technical.

B. At any rate, the Lok Ayukta ought to have allowed petitioner herein to implead the necessary parties rather than in dismissing the complaint, by the impugned order, on technical reasons.

C. The private parties were not impleaded, as the petitioner had not sought any relief against them and had sought action only against the officials, who were guilty of misdeeds.

D. The Lok Ayukta should have taken into the consideration the fact that the public property is being misappropriated for personal ends and petitioner had sought action against the officials who were hand in glove with the vested interests who misappropriated the property.

4. Refuting the allegations made in the writ petition, the District Registrar (General), Thrissur, respondent No.1, has filed a counter affidavit dated 29.11.2014.

5. Relevant portions of the counter affidavit read as under:

“A. It is respectfully submitted that Exhibit P3 Complaint was filed alleging that there were irregularities in the registration of Sale Deed bearing Registration No.1891/2006 of the Sub Registrar Office, Chalakkudy. As per the recitals in Sale Deed No.1891/2006, it is stated that the property was obtained by St. Mary's Ferone Church, Chalakkudy by virtue of document No.1727/1058 M.E. of the Sub Registry Office, Mukundapuram.

B. It is hereby submitted that an enquiry was conducted by the Sub Registrar, Chalakkudy regarding the allegation leveled by the petitioner. The certified copy of the Document No.1727/1058 was verified and found that the document is a Sale Deed converting certain wet lands to the Chalakkudy Church. The number denoted in the above Document is 127 of Kizhakke Chalakkudy Village. The explanation was also called for from the Document Writer Smt. Jolly who prepared Sale Deed No. 1891/2006. The document Writer deposed that the document in question was prepared after thorough verification of the certified copy of the prior deed and certificate issued from the Village Office, Kizhakke Chalakkudy stating the correct Survey Number of the property as 528. The document writer submitted the certified copy of the Document No.1727/1058 M.E registered at Sub Registry Office, Mukundapuram which is later renamed as Sub Registry Office, Irinjalakkuda. She also produced a certificate issued from the Village Office, Kizhakke Chalakkudy certifying that the Survey number of the properties covered u