IN THE HIGH COURT OF KERALA AT ERNAKULAM
HARISANKAR V. MENON, J
THE NEDUMBASSERY GRAMA PANCHAYATH – Appellant
Versus
THE OMBUDSMAN FOR THE LOCAL SELF GOVERNMENT INSTITUTIONS – Respondent
| Table of Content |
|---|
| 1. dispute over refund of deposit made to panchayat. (Para 2) |
| 2. counsel arguments presented for both parties. (Para 3) |
| 3. ombudsman’s jurisdiction discussed with reference to existing case law. (Para 4 , 5) |
JUDGMENT
The petitioners are the Nedumbassery Grama Panchayat and its Secretary. They seek to challenge Ext.P12 order issued by the Ombudsman for the Local Self Government Institutions on a complaint filed by the 4th respondent herein.
2. The 4th respondent had constructed a multi-storey building within the limits of the 1st petitioner Panchayat. So as to obtain water connection to the said building, the 4th respondent says that he deposited an amount of Rs.3,36,675/- with the Panchayat. According to the 3rd respondent, he, having completed the entire work, the afore amount ought to have been returned to him with reference to the various Clauses contained in Ext.P3 agreement entered into with the Panchayat. Insofar as the Panchayat did not refund the afore amount, the petitioner preferred a complaint before the Ombudsman as above. The Ombudsman, by the impugned order Ext.P12, has found that the retention of the afore amount is incorrect and illegal, directing the af
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