IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 2ND FEBRUARY 2009 / 13TH MAGHA 1930 WP(C).No. 2832 of 2009(K) ------------------------- PETITIONER(S): --------------- SHRI.P.V.FRANCIS,S/O.VAREED,AGED 75 YRS, RESIDING AT PULLAN HOUSE,NEAR ASRAMAM STOP, POTTA.P.O,CHALAKKUDY,THRISSUR. BY ADV. SRI.S.R.DAYANANDA PRABHU RESPONDENT(S): --------------- 1. OMBUDSMAN FOR LOCAL-SELF GOVERNMENT INSTITUTIONS REP.BY ITS SECRETARY BARTONHILL BUNGLOW, VANCHIYOOR, THIRUVANANTHAPURAM, PIN-695037. 2. CHALAKKUDY MUNICIPALITY, REP; BY ITS SECRETARY, CHALAKKUDY. 3. TAHSILDAR,TALUK OFFICE, MUKUNDAPURAM IRINGALAKUDA. 4. M.D.MATHEW,S/O.DEVASSY, MALAKKARAN HOUSE, POTTA.P.O, CHALAKKUDY. ADV.M.P.ASOK KUMAR, SC GOVERNMENT PLEADER SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P(C).No.2832 of 2009 ================== Dated this the 2nd day of February, 2009 J U D G M E N T The petitioner is aggrieved by Ext.P8 order of the Chalakkuty Municipality, whereby, purportedly as per the directions of the Ombudsman for Local Self Government Institutions, the petitioner has been directed to vacate certain lands in the possession of the petitioner, which according to the petitioner, belong absolutely to him. The petitioner contends that he has never been served with any order by the Ombudsman either interim or final. That being so, the basis of Ext.P8 itself is unsustainable in so far as even if there is an order by the Ombudsman, that would be one issued in violation of the principles of natural justice is the submission made by the petitioner. 2. I have heard the learned Standing Counsel appearing for the Municipality also. 3. In so far as the petitioner has got a case that he has not been given an opportunity to place the facts correctly before the Ombudsman, I am of opinion that the petitioner should be given an opportunity by the Ombudsman to place all his contentions before the Ombudsman, before further proceedings can be taken in the matter. Accordingly, I dispose of this writ petition with the following directions: The petitioner shall enter appearance before the Ombudsman in 2 O.P.No.1067/07 and file his objections against the proposed action. The petitioner shall produce all materials in his possession in support of his case. The Ombudsman, after affording an opportunity of being heard, which shall include opportunity to adduce evidence also, shall pass a considered final order. Only if, as per the final orders, the petitioner is found to have encroached into the panchayat land, further proceedings shall be taken against the petitioner pursuant to Ext.P8. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge