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2022 Supreme(Online)(KER) 27413

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN TUESDAY, THE 18TH DAY OF JANUARY 2022 / 28TH POUSHA, 1943 WP(C) NO. 1711 OF 2022 PETITIONER:

PAUL DAVID ALIAS POULOSE AGED 63 YEARS S/O.DEVASSIKUTTY, PADAYATTY HOUSE, KALADY P.O., ALUVA - 683 574.

BY ADVS.

K.J.SAJI ISAAC ELIZABETH VARKEY AJEESH EMMANUEL JITHIN SAJI ISAAC RESPONDENTS:

1 SIJO GEORGE AGE AND FATHER NOT KNOWN, THEKKAN HOUSE, KALADY, KALADY P.O., ALUVA - 683 574.

2 SOLLY AGE AND FATHER NOT KNOWN, THEKKAN HOUSE, KALADY, KALADY P.O., ALUVA - 683 574.

3 ROSY GEORGE AGE AND FATHER NOT KNOWN, THEKKAN HOUSE, KALADY, KALADY P.O., ALUVA - 683 574.

4 SECRETARY KALADY GRAMA PANCHAYAT, KALADY P.O., ALUVA - 683 574.

5 THE OMBUDSMAN FOR LOCAL SELF GOVERNMENT INSTITUTIONS SAPHALYAM COMPLEX, 4TH FLOOR, TRIDA BUILDING, UNIVERSITY P.O., THIRUVANANTHAPURAM - 695 034.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

18.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Advocates:
['K J SAJI ISAAC', '', 'ELIZABETH VARKEY', 'AJEESH EMMANUEL', 'JITHIN SAJI ISAAC', 'WILSON URMESE']

JUDGMENT

This writ petition is filed seeking the following reliefs;

“ i) Issue a writ of certiorari or any other appropriate writ, order or direction quashing Ext.P1;

ii) Call for the records of the case and to pass appropriate orders; And iii) Grant such other reliefs as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case including costs. ”

2. Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the 4th respondent-Panchayat. In the light of the directions being issued notice to the other respondents is dispensed with.

3. It is submitted by the learned counsel appearing for the petitioner that, the petitioner is the 1st opposite party in the complaint before the Ombudsman for Local Self Government Institutions submitted by respondents 1 to 3 herein. It is submitted that without giving an opportunity to the petitioner to file his objections. Ext.P1 order has been passed by the Ombudsman. The learned counsel for the petitioner submits that, the petitioner apprehends that emergent action will be taken against him by the 4th respondent, without considering his objections.

4. The learned counsel appearing for the 4th respondent submits that Ext.P1 order itself specifically directs the petitioner to submit his objections before the Secretary of the Panchayat and directs the Secretary to consider such objections as well. It is submitted that the orders will be passed only after considering the objections of the petitioner and after hearing.

5. In the above view of the matter, there will be a direction that the 4th respondent shall take up the objections to be preferred by the petitioner and consider the said objections on merits and shall hear the petitioner as well as respondents 1 to 3 before passing any orders on the complainant preferred by the 1st respondent. Appropriate action shall be taken by the 4th respondent after hearing the parties through video conferencing. Till orders are passed as directed above, further steps against the petitioner shall not be taken. The petitioner shall submit his written objections along with the documents relied on, within a period of two weeks from today.

This writ petition is disposed of accordingly.

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