JUDGMENT

The writ petition is filed challenging Ext.P13 order of the Ombudsman for Local Self-Government Institutions (for short, ‘Ombudsman’) and Ext.P14 notice issued by the Secretary of the Grama Panchayat.

2. The petitioner is the 1st respondent in Ext.P1 Complaint filed by respondents 1 to 3 before the Ombudsman. The grievance raised therein is that due to discharge of waste water from the petitioner's hospital, nearby wells are getting polluted. Accordingly, the Ombudsman passed Ext.P13 order directing the Secretary of the Panchayat to enquire into the functioning of the waste water disposal treatment system of the petitioner and to take necessary action including the cancellation of licence to the hospital. Pursuant to Ext.P13, the 4th respondent issued Ext.P14 notice requiring the petitioner to introduce waste water treatment facility within 7 days, failing which, the licence of the petitioner will be cancelled.

3. It is submitted by the petitioner that Ext.P14 notice was issued without any site inspection or hearing him and that the Ombudsman has no jurisdiction to issue an order in the nature of Ext.P13. Accordingly, the writ petition is filed to quash Exts.P13 and P14 and for a direction to the 4th respondent to inspect the premises of the petitioner and conduct an enquiry on the adequacy of the water discharge mechanism in the compound of the petitioner.

4. Heard the learned counsel for the petitioner and the learned counsel for the 3rd respondent. Though service is complete, there is no appearance for the other respondents.

5. The learned counsel for the 3rd respondent submits that the petitioner has made constructions abutting the compound wall of the 3rd respondent and is discharging waste water into the property of the 3rd respondent.

6. The powers and functions of the Ombudsman has been statutorily fixed under Section 271 J and M of the Kerala Panchayat Raj Act. The Ombudsman can enquire into the complaints where there are allegations of corruption, mal-

administration or irregularity by public servant viz; the employees of the Panchayat or the elected members of the Panchayat. On a perusal of Ext.P1 complaint, I find that there is no allegation of corruption, mal-administration or irregularity in the complaint. The Ombudsman has no jurisdiction to issue any order in the nature of Ext.P13. Accordingly, the same is quashed. However, this judgment will not prevent the Secretary of the Panchayat from exercising the statutory powers in respect of abatement of any nuisance caused by the petitioner or against any unauthorised construction.

7. It is submitted by the learned counsel for the petitioner that the directions in Ext.P14 have been complied with.

There will be a direction to the 4th respondent to inspect the premises of the petitioner and conduct an enquiry on the adequacy of the water discharge mechanism and issue necessary directions to the petitioner with regard to treatment of waste water so that no nuisance is caused to the

3rd respondent and others in the locality, which direction the petitioner shall comply with. The 4th respondent shall also ascertain whether the petitioner has made any construction in breach of the licensing provisions and Kerala Panchayat Raj Act and Building Rules and in case of any violation, the 4th respondent shall take appropriate action in accordance with the provisions of the Kerala Panchayat Raj Act and the Rules framed thereunder.

The writ petition is disposed of.

Sd/-

MURALI PURUSHOTHAMAN JUDGE al/-

APPENDIX OF WP(C) 15316/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE COMPLAINT NO. 453/2019 OF OMBUDSMAN FOR LOCAL SELF-GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM.

Exhibit P2 TRUE COPY OF THE INTERIM ORDER OF THE LEARNED OMBUDSMAN DATED 17.01.2022 IN COMPLAINT NO.

453/2019.

Exhibit P3 TRUE COPY OF THE OBJECTION OF THE PETITIONER TO EXT-P1 COMPLAINT Exhibit P4 TRUE COPY OF THE REPLY TO EXT-P3 OBJECTION FILED BY THE 3RD RESPONDENT.

Exhibit P5 TRUE COPY OF THE COMMUNICATION OF THE TAHSI