IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER WEDNESDAY, THE 30TH JULY 2008 / 8TH SRAVANA 1930 WA.No. 1595 of 2008 ---------------------------- AGAINST THE JUDGEMENT IN WPC.18023/2008 Dated 17/06/2008 ................... APPELLANT/PETITIONER : ------------------------------------- GREATER COCHIN DEVELOPMENT AUTHORITY (GCDA), REPRESENTED BY ITS SECRETARY, KADAVANTHARA, KOCHI 682 020. BY ADV. SRI.P.R.RAMACHANDRA MENON RESPONDENTS/RESPONDENTS: ------------------------------------------- 1. K.SREENIVASAN, SREEKRISHNA, THOPPILIKAT P.O., GOVINDAPURAM, KOZHIKODE -16. 2. UPA LOK AYUKTA, OFFICE OF THE KERALA LOK AYUKTA, LEGISLATIVE COMPLEX, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM -33, REPRESENTED BY THE REGISTRAR. 3. THE DISTRICT COLLECTOR, ERNAKULAM. 4. THE DISTRICT COLLECTOR, MALAPPURAM. 5. THE STATE OFKERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY SR.GOVT.PLEADER SMT.K.MEERA. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 30/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L. DATTU, C.J. & A.K. BASHEER, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 1595 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of July, 2008 Judgment H.L. Dattu, C. J: Inter alia calling in question the correctness or otherwise of the orders passed by the Kerala Lok Ayukta in Complaint No.2099 of 2005 dated 29th day of February 2008, the Greater Cochin Development Authority, Ernakulam had filed the writ petition before this Court in W.P (C). No.18023 of 2008. 2. The learned single Judge has rejected the writ petition. 3. The Lok Ayukta while disposing of Complaint No.2099 of 2005 by its order dated 29/2/2008 had only observed in its order as under: “This loss caused to the respondent, GCDA due to the deliberate inaction, laches, negligence and dereliction of duty by the concerned employees should be made good by the concerned employees responsible for the loss. Therefore the respondent is directed to take appropriate and effective disciplinary, penal or any other action against the concerned employees of the respondent in charge of the matter during the relevant period in accordance with law and to recover the loss sustained to GCDA. After initiating appropriate proceedings against the concerned employees and recovery of the loss WA.No.1595/08. 2 sustained by the GCDA from the concerned employees found to be guilty, the respondent should file an action taken report along with copy of the final order passed in the proceedings before this forum. The contemplated proceedings should be completed, appropriate action should be taken against the guilty employees and the amount should be realised within three months from the date of receipt of copy of this order. Action taken report along with a copy of final order passed in this proceedings should be filed before this forum.” 4. The Lok Ayukta had directed while disposing of the complaint that the GCDA will take appropriate proceedings against those officials who were responsible for not collecting the arrears of rental of a shop which belongs to GCDA. The Lok Ayukta has further observed in its order that the GCDA should make all efforts to recover the arrears of rental from the defaulter. 5. In our view, none of the directions issued by the Lok Ayukta would affect the interest of the GCDA in any manner whatsoever. Further, in our view, there was no necessity for the GCDA to have approached this Court against the orders passed by the Kerala Lok Ayukta. In fact that order is to their benefit. A WA.No.1595/08. 3 harmless order cannot be the subject matter of any proceedings before this Court. In that view, while affirming the orders passed by the Lok Ayukta, this writ appeal is rejected. Ordered accordingly. H.L. DATTU Chief Justice A.K. BASHEER Judge an.