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2023 Supreme(Online)(Ker) 53733

IN THE HIGH COURT OF KERALA
Unnamed Judge, J
Khidmath Arts & Science College v. State of Kerala
W. P. (C) No. 32554 of 2023



Advocates:
For the Appellants/Petitioners:
For the Respondents: Government Pleader

A quasi-judicial authority's order does not require it to be a party unless necessary.

Headnote:The Ombudsman for Local Self Government Institutions, a quasi-judicial authority under S.271G of the Kerala Municipalities Act 1994, is not necessarily a party to the proceedings. Notice is dispensed for the Ombudsman, and the Government Pleader may represent them if required. The order of the Ombudsman stands for now, with a stay on Ext.P2 for two months, allowing the Panchayath to take appropriate action as necessary.

Table of Content
1. government pleader's role in representation. (Para 1)
2. ombudsman not necessary party; government must represent. (Para 2 , 3)
3. stay on actions regarding unauthorized construction. (Para 4)

1. The learned Government Pleader takes notice for R1.

2. The Ombudsman for Local Self Government Institutions, which is a quasi Judicial Authority, appointed under S.271G of the Kerala Municipalities Act 1994 , is arrayed as the second respondent. The Ombudsman is a retired Judge of this Hon'ble Court and only a person who has held the post of a Judge of the High Court alone can be appointed as the Ombudsman. The said authority cannot be called upon to defend its orders. Its orders are defended by the reasons stated in the order itself. Of course, there are quasi - judicial authorities who may be necessary parties due to the reason that they exercise executive functions and who have to defend their orders. Further, in cases of allegations of personal bias or malafides, such quasi - judicial authorities, who are exercising judicial functions, should be made parties to the lis. In the instant case, the circumstances do not reveal that the Ombudsman is a necessary party.

3. Further, in case the Ombudsman is arrayed as a party, it should be the State Government who should be defending the orders of the Ombudsman. Hence, this Court prima facie feels it appropriate to observe that the Government Pleader must be taking notice on behalf of the Ombudsman if at all the said Authority is made a party.

4. In view of the above, I dispense with notice to the 2nd respondent. Issue notice by speed post to respondents 3 and 4.

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