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2024 Supreme(Ker) 1662

IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. MUHAMED MUSTAQUE, ACJ, S. MANU
Brinner M.D.J. S/o M.O. Devassy – Appellant
Versus
Prestige Estates Projects Limited – Respondent


Advocates Appeared:
For the Appellants : Manu Ramachandran, M. Kiranlal, R. Rajesh, Ansu Varghese, Sameer M. Nair, Geethu Krishnan, Sailakshmi Menon, Dhanalakshmi V.K.
For the Respondents: Joseph Markose, S. Jamal, P.K. Reshma, Alexander Joseph Markos, Sharad Joseph Kodanthara, V. Abraham Markos, Isaac Thomas, Abraham Joseph Markos, P.G. Chandapillai Abraham, John Vithayathil, K.P. Harish

JUDGMENT :

A. MUHAMED MUSTAQUE, ACJ.

[WA Nos. 1911/2022, 99/2023, 1912/2022]

1. The Common issue arises in these appeals is the scope and power of Ombudsman for Local Self Government Institutions. Among the above appeals, W.A No.99 of 2023 is the leading case. The appellant therein approached the Ombudsman with a complaint against the officials in Thiruvananthapuram Corporation and also against the renovation of the church. The Ombudsman, after verifying the nature of allegation in the complaint, found that the complaint was not maintainable. This was challenged before this Court.

2. The learned Single Judge, after adverting to the powers of the Ombudsman and after noting Section 271M(4) (c) of the Kerala Panchayath Raj Act, (for short the Act) had agreed with the finding of Ombudsman that the complaint was not maintainable. Section 271M(4)(b) states that Ombudsman shall not enquire into matters relating to any matter in respect of which a remedy is available from the Tribunal for Local Self Government Institutions constituted under Section 271S.

3. The writ appeal No.1911 of 2022 and 1912 of 2022 are related to a challenge made by the builder as against the interim order passed by the

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