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S. MANIKUMAR, MURALI PURUSHOTHAMAN
State Of Kerala, Represented By The District Collector – Appellant
Versus
Kerala Lok Ayukta, Represented By Its Registrar – Respondent
JUDGMENT :
(Murali Purushothaman, J.)
1. This writ petition is filed by the State and the Revenue Divisional Officer challenging Ext.P9 report of the Kerala Lok Ayukta (for short, 'Lok Ayukta') in Complaint No. 1523/2015 recommending the Principal Secretary to Government, Revenue Department, to refund an amount of Rs.18,332/-, being the Building Tax collected, to the 2nd respondent-complainant along with interest at 6% p.a for the period from 05.02.2015 to the date of refund of the amount.
2. The petitioners contend that the Lok Ayukta has no jurisdiction to consider the correctness of the orders passed by the authorities under the Kerala Building Tax Act, 1975 (hereinafter referred to as “Building Tax Act”).
3. The short facts leading to Ext. P9 order are as follows:
The complainant's building bearing No. UGP X/277/C of Ulickal Grama Panchayat, which was being used for running a Wooden Furniture Manufacturing Workshop, was wrongly assessed to building tax for an amount of Rs.18,000/-by the Tahsildar, Iritty, vide Ext.P4 order dated 19.9.2014 issued under the Building Tax Act. As per Ext.P5 receipt dated 5.2.2015, the complainant remitted an amount of Rs.18,332/-under pressure from
The Lok Ayukta lacks jurisdiction to issue binding orders in civil disputes, reaffirming that its role is limited to making recommendations.
Section 7 of Lok Ayukta Act provides for matters which may be investigated by Lok Ayukta.
Section 9 of the Act, 1999 deals with provisions relating to complaints and investigation.
A Permanent Lok Adalat cannot entertain disputes if the applicant has previously approached other courts regarding the same matter, as it lacks jurisdiction.
The power of review is a creature of the statute and no court or quasi- judicial body or administrative authority can review its judgment or order or decision unless it is legally empowered to do so.
Point of Law : Functions of Ombudsman - Lok Ayukta ought not have proceeded with any complaint or mal administration with regard to a public servant of a Local Self Government Institution.
Courts may dismiss writ petitions when effective alternative remedies are available under statute, reflecting the principle of judicial restraint.
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