IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 28TH OCTOBER 2011 / 6TH KARTHIKA 1933 WP(C).No. 6372 of 2006(H) ----------------------------------- PETITIONER(S): ---------------------- JACKSON PAUL, PROPRIETOR, J.P.ELECTRONICS MPII-787-X, PANCHAYATH SHOPPING COMPLEX I, MUNDAKKAYAM. BY ADV. SRI.V.G.ARUN RESPONDENT(S): ------------------------ 1. DR.K.A.EBI, KATTAPPARAYIL, PARATHODE P.O. KANJIRAPPALLY, KOTTAYAM. 2. THE MUNDAKKAYAM GRAMA PANCHAYTH, MUNDAKKAYAM P.O. REPRESENTED BY ITS PRESIDENT. 3. THE OMBUDSMAN FOR LOCAL SELF GOVERNMENT INSTITUTIONS, TRIVANDRUM, REPRESENTED BY ITS SECRETARY. R2 BY ADV. SRI.LIJI.J.VADAKEDOM R1 BY SRI.K.T.SHYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: STU WP(C).No. 6372 of 2006(H) APPENDIX PETITIONER'S EXHIBITS: P1 : COPY OF THE LICENCE NO.A5-720/166/99-2000 DTD 15/02/2000. P2 : COPY OF THE BILL DTD 09/10/2002. P2(a) : COPY OF THE BILL NO.L-0011 DTD 07/06/2003. P3 : COPY OF THE TELEPHONE BILL DTD 07/12/2004. P4 : COPY OF THE INJUNCTION ORDER IN I.A.226 OF 2005 IN O.S.53/05 OF THE MUNSIFF COURT OF KANJIRAPPALLY DTD 18/02/2005. P5 : COPY OF THE NOTICE DTD 28/03/2005. P6 : COPY OF THE REPLY DTD NIL BY THE PETITIONER. P7 : COPY OF THE NEWS ITEM PUBLISHED IN THE MALAYALA MANORAMA DAILY DTD 28/02/2006. P8 : COPY OF THE ORDER IN O.P.1000/2005 DTD 21/01/2006. P9 : COPY OF THE JUDGMENT IN O.S NO. 53 OF 2005 OF THE KANJIRAPPALLY MUNSIFF COURT DTD 27/07/2006. P10 : COPY OF THE EXTRACT OF THE RESOLUTION NO.XI DTD 21/04/1992. P11 : COPY OF THE RESOLUTION NO.8(2) DTD 30/06/1992. RESPONDENT'S EXHIBITS : R2(a) : COPY OF THE PAGE OF THE MINUTES BOOK OF THE MUNDAKKAYAM GRAMA PANCHAYATH AND TYPED COPY. R2(b) : COPY OF THE NOTICE DTD 03/03/2005 ISSUED FROM THE PANCHAYATH TO THE PETITIONER. R2(c) : COPY OF THE REPLY SUBMITTED BY THE PETITIONER. R2(b) : COPY OF THE CORRESPONDING MINUTES BOOK DTD 30/06/1992. (IN I.A.NO.4896/2011) //TRUE COPY// STU P.A TO JUDGE. HARUN-UL-RASHID,J. ------------------------------- W.P.(C). NO.6372 OF 2006 ------------------------------- DATED THIS THE 28TH DAY OF OCTOBER, 2011 JUDGMENT This writ petition is filed seeking to quash Ext.P8 order. Petitioner submits that Ext.P8 order is illegal and unsustainable, since the 3rd respondent has not been vested with any power to issue an order in the nature of Ext.P8. Quoting Sections 271 J and 271 K of the Panchayat Raj Act, which deals with the functions and powers of the Ombudsman, it is pointed out that no power is vested in the Ombudsman to direct eviction of a private party when a dispute as to the tenancy is raised. 2. Learned Standing Counsel for the 2nd respondent- Panchayat submits that Ext.P5 proceedings was initiated by the Panchayat under the Kerala Panchayat Raj (Removal of Encroachment and Imposition and Recovery of Penalty for Unauthorised Occupation) Rules, 1996. According to the Panchayat, petitioner is not an authorised licensee and he is occupying portions of the building belonging to the Panchayat -2- W.P.(C).No.6372/2006 without licence, therefore, Ext.P5 proceedings was initiated for evicting the petitioner from the shop room. Ext.P5 is the notice directing the petitioner to show cause as to why action should not be taken for evicting him from the shop room. Petitioner did not challenge Ext.P5 proceedings. Petitioner submitted Ext.P6 objection against the proposed eviction from the Panchayat building, which is pending consideration before the Panchayat. In the aforesaid circumstances, this Court is not inclined to extend any relief to the petitioner. In the result, Writ Petition is dismissed. The 2nd respondent-Panchayat is at liberty to proceed for eviction under the Kerala Panchayat Raj (Removal of Encroachment and Imposition and Recovery of Penalty for Unauthorised Occupation) Rules, 1996. Before taking final decision the Panchayat shall consider the objection of the petitioner, after affording an opportunity of being heard to him and without reference to Ext.P8 order passed by the Ombudsman. HARUN-UL-RASHID, Judge. kcv.