The Ombudsman must ensure jurisdiction and provide fair hearing before entertaining complaints under the relevant act.

JUDGMENT

These two writ petitions are connected, therefore, I am disposing of these two writ petitions by a common judgment.

2. These writ petitions are filed challenging order dated 30.01.2024 in Complaint No.241/2017 of the Ombudsman for Local Self Government Institutions. The complaint was filed by the 3rd respondent in these writ petitions.

3. The petitioners are co-owners of land and building comprised in Re.Sy No.60/4 of Vadakara Village purchased under Doc. Nos.2373/2005, 2215/2006 and 1454/2007. The petitioners are now aggrieved by Ext.P12 order in W.P.(C) No.23493/2024 which is Ext.P13 in W.P.(C) No.10077/2025, mainly for the reason that the Ombudsman has no jurisdiction to entertain that complaint, and it is an order passed without giving an opportunity of hearing to the petitioners. The contention of the petitioners is that the Ombudsman can exercise only the powers as per Section 271K of the Kerala Panchayth Raj Act, 1994. Hence, this writ petition.

4. Heard the learned Senior Counsel T.

Sethumadhavan, the learned counsel K. Mohanakannan, the learned counsel appearing for the 3^rd respondent and I also heard the learned Counsel appearing for the Municipality.

5. This Court perused the impugned order.

There is nothing in the impugned order to show that the order is passed after giving an opportunity of hearing to the petitioners. The petitioners are taking a contention that the Ombudsman has no jurisdiction to entertain such a complaint. I am of the considered opinion that the impugned order is to be set aside and the Ombudsman has to reconsider the matter. The jurisdiction of the Ombudsman to entertains such a complaint has to be considered first before proceeding with the complaint.

Therefore, these writ petitions are disposed of with the following directions:

i) Ext.P12 in W.P.(C) No.23493/2024 which is Ext.P13 in W.P.(C) No.10077/2025 is set aside.

ii) The Ombudsman for Local Self Government Institutions is directed to restore Complaint No.241/2017 and decide the preliminary objection about the maintainability of that complaint first, after giving an opportunity of hearing to the petitioners and other affected parties, in accordance with the law. After deciding the same, the Ombudsman will proceed with the complaint, in accordance with the law, if the complaint is maintainable before that authority.

Sd/-