IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR.JUSTICE MURALI PURUSHOTHAMAN, J
Kunjumon – Appellant
Versus
Ombudsman for Local Self Government Institutions, Thiruvananthapuram – Respondent
JUDGMENT :
(MURALI PURUSHOTHAMAN, J.)
The petitioner is a permanent resident of Alappad Grama Panchayat. According to him, certain rooms of the Panchayat Shopping Complex auctioned to respondents 4 to 13 have been subleased by them to others contrary to Clause 23 of Ext. P1 bye- laws. The petitioner, therefore, approached the 1st respondent, the Ombudsman for Local Self Government Institutions('Ombudsman' for short) and the Ombudsman, by Ext.P5 order, closed the complaint preferred by the petitioner based on the statement filed by the Secretary of the Panchayat that there is no sublease of the rooms by respondents 4 to 13. The Ombudsman also recorded the submission of the Secretary that in case there is any sublease by respondents 4 to 13, contrary to the bye-laws, appropriate action would be taken. According to the petitioner, the Ombudsman without considering the contentions of the petitioner, blindly accepted the version of the Secretary and closed the complaint and thereby permitted respondents 4 to 13 to conduct business in the shop rooms of the Panchayat through benamis in violation of Clause 23 of Ext. P1 bye-laws. This writ petition is therefore filed to quash Ext.P5 order of
The Ombudsman for Local Self Government Institutions cannot entertain complaints unless they allege corruption or maladministration against the Secretary; otherwise, the complaint is not maintainable....
The Ombudsman must thoroughly investigate allegations of maladministration under the Kerala Panchayat Raj Act, as failure to do so undermines the procedures for addressing public grievances.
The Ombudsman for Local Self Government cannot make observations beyond the confines of stipulated powers regarding disputes.
The Ombudsman's jurisdiction is limited to investigating allegations of corruption or maladministration and cannot adjudicate on private disputes. Availability of other remedies before the Tribunal a....
Point of law : Despite receipt of notice, apart from filing a statement by some of members of Committee, no one else has cared to adduce any evidence or produce any documents before Ombudsman to just....
when there is a clear statutory provision in respect of the manner in which the subletting is to be dealt with, the Secretary of the Grama Panchayat is liable to follow the same.
The Ombudsman is limited by a three-year time frame for enquirying into complaints as per Section 271M(4)(d) of the Kerala Panchayat Raj Act, 1994.
The Court confirmed the authority of the Panchayat to auction shop rooms despite tenant claims based on former circulars contrary to statutory rules.
An Ombudsman lacks jurisdiction to entertain complaints concerning refunds of deposits under the Kerala Panchayat Raj Act, 1994.
Section 3 of Act, 1882 defines ‘actionable claim’ means a claim to any debt, other than a debt secured by mortgage of 9 immovable property.
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