IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER WEDNESDAY, THE 29TH OCTOBER 2008 / 7TH KARTHIKA 1930 W.A.No. 1970 of 2008 ------------------------------------ AGAINST THE JUDGEMENT IN WPC.29266/2007 DATED 11/06/2008 .................... APPELLANTS/RESPONDENTS 1 & 2: --------------------------------------------------- 1. T.SASIDHARAN, PARAMBATHPARAMBIL VEEDU, PEOPLES ROAD, WEST HILL, KOZHIKODE. 2. T. JAYARAJAN, JASNA, 1/3361 B, ALIYAR VAYAL, WEST HILL, KOZHIKODE. BY ADV. SRI.PHILIP ANTONY CHACKO RESPONDENTS/PETITIONERS & RESPONDENTS 3 & 4: ------------------------------------------------------------------------------ 1. THE SECRETARY, KOZHIKODE CORPORATION, KOZHIKODE. 2. THE HEALTH OFFICER, KOZHIKODE CORPORATION, KOZHIKODE. 3. OMBUDSMAN FOR LOCAL SELF GOVERNMENT INSTITUTIONS, REP.BY ITS SECRETARY, THIRUVANANTHAPURAM. 4. THE REGIONAL JOINT DIRECTOR OF URBAN AFFAIRS, KOZHIKODE. R1 & R2 BY STANDING COUNSEL SRI.K.D.BABU THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 29/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & A.K.BASHEER, J. ------------------------------------------- W.A.No.1970 of 2008 ------------------------------------------ Dated, this the 29th day of October, 2008 JUDGMENT H.L.Dattu, C.J. This writ appeal is directed against the orders passed by the learned Single Judge in W.P.(C) No.29266 of 2007 dated 11th June, 2008. (2) The appellants in this writ appeal are respondents 1 and 2 in W.P.(C) No.29266 of 2007 filed by the Corporation of Kozhikode ('the Corporation' for short). (3) In W.P.(C) No.29266 of 2007, the Corporation had called in question the orders passed by the Ombudsman for Local Self Government Institutions, Thiruvananthapuram (Exts.P14 and P26) on the ground that the said orders are contrary to the orders and directions issued by this Court while disposing of W.P.(C) No.17508 of 2005. (4) The learned Single Judge after carefully perusing the orders passed in W.P.(C) No.17508 of 2005 has come to a positive conclusion that the orders passed by the Ombudsman are contrary to the orders and directions issued by this Court in W.P.(C) No.17508 of 2005. Therefore, in our opinion, the learned Judge has rightly allowed the writ petition filed by the Corporation and has set aside Exts.P14 and P26 orders passed by the Ombudsman for Local Self Government Institutions. (5) We have also perused the orders passed by this Court in W.A.No.1970 of 2008 2 W.P.(C) No.17508 of 2005 and also the orders passed by the Ombudsman for Local Self Government Institutions. (6) A perusal of the aforesaid orders would clearly indicate that the orders passed by the Ombudsman are totally contrary to the orders and directions issued by this Court in W.P.(C) No.17508 of 2005. In our opinion, the Ombudsman ought not to have passed those orders which are contrary to the orders and directions issued by this Court. (7) In that view of the matter, the learned Single Judge was fully justified in allowing the writ petition filed by the Corporation and setting aside Exts.P14 and P26 orders passed by the Ombudsman for Local Self Government Institutions. (8) Therefore, we do not see any error in the orders passed by the learned Single Judge which would call for our interference in appeal. Accordingly, the writ appeal requires to be rejected and it is rejected. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (A.K.BASHEER) JUDGE vns