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2022 Supreme(Online)(KER) 1337

HIGH COURT OF KERALA
A.NAZARUDHEEN – Appellant
Versus
SATHEESH – Respondent


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 f

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