IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 24TH SEPTEMBER 2008 / 2ND ASWINA 1930 WP(C).No. 24192 of 2008(E) -------------------------- PETITIONER(S): ------------------------- T.ANILKUMAR, VETTIKKATTU HOUSE, ANIKADU P.O., PALLIKKATHODE, KOTTAYAM. BY ADV. SRI.GEORGE THOMAS (MEVADA) RESPONDENT(S): -------------------------- 1. S.M.SHAFI, ASHIQUE MANZIL, NEAR BALAVADI, POOLAMTHARA, SANTHIGIRI P.O., POTHENCODE, THIRUVANANTHAPURAM. 2. THE SECRETARY, MANIKKAL GRAMA PANCHAYATH, PIRAPPANCODE, THIRUVANANTHAPURAM - 695 607 ADV. SRI.BABU KARUKAPADATH FOR R1 SMT.M.A.VAHEEDA BABU FOR R1 SRI.JAGAN ABRAHAM M.GEORGE FOR R1 SRI.K.A.NOUSHAD FOR R1 SRI.P.G.PRAMOD FOR R1 SRI.PIRAPPANCODE V.SREEDHARAN NAIR FOR R2 SRI.PIRAPPANCODE V.S.SUDHIR FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 24192 of 2008 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 24th September, 2008. J U D G M E N T The issue involved in this writ petition is in respect of a septic tank constructed in the petitioner's property. By Ext. P1 order, the Ombudsman for Local Authorities directed the petitioner herein to construct a septic tank as directed therein. The petitioner is stated to have constructed a septic tank accordingly. But, the pit dug earlier has not been filled up. It has been directed to be filled up by Ext. P3 order. The dispute raised in this writ petition is as to whether filling up of the pit is also a direction of the Ombudsman as contained in Ext. P1 order. The petitioner would contend that it is not; whereas counsel for the 1st respondent would submit that in view of Section 239 of the Kerala Panchayat Raj Act, the Panchayat has powers to issue such orders also. 2. I am not inclined to consider this dispute in this writ petition in so far as the question involved is as to whether Ext. P1 order of the Ombudsman has been complied with. I am of opinion that the parties shall approach the Ombudsman himself for resolving this dispute. Accordingly, leaving the parties to resolve the dispute by approaching the Ombudsman himself, this writ petition is closed. However, I direct that the interim order passed in this writ petition shall continue to be in force till the Ombudsman passes final orders in the matter. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge.