IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 5TH MARCH 2009 / 14TH PHALGUNA 1930 WA.No. 545 of 2009 ---------------------------- AGAINST THE JUDGEMENT IN W.P.(C).NO.3528/2009 DATED 03/02/2009 .................... APPELLANT/ PETITIONER: -------------------------------------- T.D.VARGHESE S/O. DEVASSY, AGED 42 YEARS, THOKKUDAM HOUSE, THUMBARASSERI, KUZHOOR P.O., THRISSUR-680 734. BY ADV. MR. SHOBY K.FRANCIS. RESPONDENTS: ------------------------ 1. OMBUDSMAN OF LOCAL SELF-GOVT. INSTITUTIONS, BARTON HILL BUNGLOW, KUNNUKUZHI P.O., THIRUVANANTHAPURAM-695 037, REP.BY ITS SECRETARY. 2. KUZHOOR GRAMA PANCHAYATH, KUZHOOR P.O., THRISSUR-680 734, REP.BY ITS SECRETARY. 3. THE CHILD DEVELOPMENT PROJECT OFFICER, ICDS OFFICE, MALA, THRISSUR-680 722. 4. DISTRICT SURVEY SUPERINTENDENT, SURVEY & LAND RECORDS, DISTRICT OFFICE, AYYANTHOLE, THRISSUR-03. 5. TALUK SURVEYOR, MUKUNDAPURAM TALUK, TALUK OFFICE, IRINJALAKUDA, THRISSUR DISTRICT. W.A. NO. 545/2009: 6. VILLAGE OFFICER, KAKKULISSERY VILLAGE, KAKKULISSERY, THRISSUR DISTRICT. 7. DEPUTY DIRECTOR OF PANCHAYATH, THRISSUR-3. 8. JANCY POLY, WARD MEMBER, WARD NO.3, KUZHOOR GRAMA PANCHAYATH, KUZHOOR P.O., THRISSUR DISTRICT. R4 TO R7 BY GOVT. PLEADER SMT. MEERA. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 05/03/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. J.B. Koshy,Ag.C.J. & V.Giri, J. ---------------------------------------- W.A. No. 545 of 2009 ---------------------------------------- Dated this the 5th day of February, 2009 Judgment Koshy, Ag.C.J. Appellant/Petitioner challenged Ext.P10 order of the Ombudsman for Local Self Government Institutions before the learned single Judge unsuccessfully. Petitioner wanted demolition of a wall of Anganwadi which will prevent proper access to the property of eighth respondent. If eighth respondent has got any grievance, she could have approached the civil court if her civil rights are affected. The Ombudsman found that as per the measurements carried out by the Taluk Surveyor under the supervision of the Deputy Director of Panchayaths, there is no encroachment. It is the contention of the petitioner that he was not allowed to give an objection to the report of Taluk Surveyor and, therefore, that order cannot be sustained. If any civil rights of the parties are affected, it is for the appellate authority to approach the civil court. The Ombudsman considered the petition and found that no interference is required and hence the petition was dismissed. How petitioner’s rights have affected is not mentioned in the petition. The only case is that he is a nearby resident. If the rights of the eighth respondent are affected, it is for the eighth respondent W.A.No.545/2009 2 to approach the civil court. If petitioner is aggrieved by any action of the eighth respondent, he can also file a civil suit against him. We make it clear that if parties approach the civil court, the matter has to be decided according to law. The writ appeal is dismissed with the above observations. J.B.Koshy Acting Chief Justice V. Giri Judge vaa