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2026 Supreme(Online)(Ker) 20043

IN THE HIGH COURT OF KERALA AT ERNAKULAM
HARISANKAR V. MENON, J
K.D PRASAD – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.P.K.VARGHESE, SHRI.K.S.ARUN KUMAR, SHRI.M.T.SAMEER, SHRI.K.R.ARUN KRISHNAN, SHRI.DHANESH V.MADHAVAN, SHRI.REGHU SREEDHARAN, SHRI.RAMEEZ M. AZEEZ, SHRI.R.ROHITH
For the Respondents: SMT.P.K.RESHMA (KALARICKAL), SRI.T.G.SUNIL, SRI.DINESH R.SHENOY, SMT.M.A.VAHEEDA BABU, SHRI.DEEPU LAL MOHAN, SRI.SYAM K.P.

Table of Content
1. authority of elected member questioned. (Para 1 , 2)
2. limitation period for complaints outlined. (Para 3)
3. court quashed the ombudsman's order. (Para 4)

JUDGMENT

The petitioner is stated to be an elected member of the Chellanam Grama Panchayat and was its President in the year 2009. He had issued Ext.P1 certificate to the 6th respondent herein for starting an LPG distribution agency. The 3rd respondent herein later submitted Ext.P3 complaint to the 1st respondent herein, pointing out that the petitioner, in his capacity as the President of Grama Panchayat, cannot issue such a certificate. The matter was referred for consideration by the 2nd respondent Ombudsman pursuant to the order at Ext.P4 issued by the Secretary to the Government. The 2nd respondent issued the order at Ext.P5 dated 02.09.2022, holding that the petitioner did not have the authority or power to issue Ext.P2 certificate, and the petitioner's actions amounted to an abuse of power. It is seeking to challenge the order issued at Ext.P5, that the petitioner has instituted the captioned writ petition.

2. I have heard Smt.Devika K.R., the learned counsel for the petitioner, Sri.B.Unnnikrishna Kaimal,

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