IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 17TH JUNE 2010 / 27TH JYAISTHA 1932 WP(C).No. 8928 of 2010(M) ------------------------------- PETITIONER: -------------- SHYAM.N.S, AGED 41 YEARS, QUARTERS E5, 110 KV SUB STATION COMPOUND, PARUTHIPARA, PATTOM P.O., THIRUVANANTHAPURAM. BY MR.K.T.SHYAMKUMAR, ADVOCATE. MR.K.V.SREE VINAYAKAN, ADVOCATE. RESPONDENTS: ------------------ 1. CORPORATION OF THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. 2. OUMBUDSMAN FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. 3. SAM RAJ @ K.J.SAM, KRIPA BHAVAN, RAKSHAPURI LANE, PATTAM P.O., KESHAVADASAPURAM, THIRUVANANTHAPURAM. BY MR.SUMAN CHAKRAVARTHY, ADVOCATE, FOR R3. MS.K.R.RIJA, ADVOCATE FOR R3. MR.P.K. MANOJKUMAR, ADVOCATE FOR R1. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 8928/2010 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF BASIC TAX RECEIPT EVIDENCE IN THE PAYMENT OF TAX FOR 5 CENTS OF PROPERTY PURCHASED BY THE PETITIONER. EXT. P2 : PLAN ATTACHED TO THE SALE DEED. EXT. P3 : COPY OF BUILDING PERMIT DTD. 27.5.09 ALONG WITH APPROVED PLAN. EXT. P4 : COPY OF NOTICE DTD. 26.10.09 ISSUED BY TALUK SURVEYOR, TRIVANDRUM TO CONDUCT THE MEASUREMENT ON 11.11.09. EXT. P5 : COPY OF PLAN PREPARED BY TALUK SURVEYOR. EXT. P6 : COPY OF NOTICE ISSUED TO R3 BY TALUK SURVEYOR DTD. 5.12.09. EXT. P7 : COPY OF NOTICE DTD. 15.2.10 ISSUED BY DISTRICT HEAD SURVEYOR, THIRUVANANTHAPURAM. EXT. P8 : COPY OF NOTICE DTD. 22.2.10 ISSUED BY TALUK SURVEYOR. EXT. P9 : COPY OF PLAN AND REPORT PREPARED BY DISTRICT HEAD SURVEYOR. EXT. P10 : COPY OF STOP MEMO DTD. 28.1.10. EXT. P11 : COPY OF EXPLANATION TO EXT. P10 STOP MEMO DTD. 29.1.10 SUBMITTED BY PETITIONER. EXT. P12 : COPY OF COMPLAINT No.247/10 PREFERRED BY PETITIONER BEFORE THE HON'BLE OMBUDSMAN FOR LOCAL SELF GOVT. INSTITUTION. EXT. P13 : COPY OF ORDER DTD. 9.2.10. EXT. P14 : COPY OF ORDER DTD. 2.3.10. EXT. P15 : REPORT SUBMITTED BY REGIONAL JOINT DIRECTOR. EXT. P16 : COPY OF ORDER DTD. 5.3.10. WP(C).No. 8928/2010 EXT. P17 : COPY OF STOP MEMO DTD. 6.3.10 ISSUED BY R1. EXT. P18 : COPY OF OBJECTION DTD. 8.3.10. EXT. P19 : COPY OF PROCEEDINGS OF OMBUDSMAN DTD. 8.3.10. EXT. P20 : COPY OF OBJECTIONS DTD. 10.3.10 FILED BEFORE THE HON'BLE OMBUDSMAN. 3RD RESPONDENT'S EXHIBITS: EXT. R3(a) : COPY OF IDENTITY CARD ISSUED TO R3 BY CHURCHES OF INDIA. EXT. R3(b) : COPY OF ORDER OF INJUNCTION DTD. 3.3.10 IN O.S.390/10. EXT. R3(c) : COPY OF COMMISSION REPORT IN O.S.390/10 OF MUNSIFF COURT, TRIVANDRUM. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.8928 OF 2010 --------------------------------------- Dated this the 17th day of June, 2010. J U D G M E N T Challenging Exhibit P12 complaint and Exhibits P16 and P19 orders, this writ petition was filed. The issue relates to the complaint raised by the contesting 3rd respondent before the Ombudsman for Local Self Government Institutions with regard to the constructions effected by the petitioner. As per the directions issued by the Ombudsman in Exhibit P16, stop memo was issued as per Exhibit P17. These two are challenged on various grounds in the writ petition. 2. This Court, by interim order dated 26.03.2010, granted stay of Exhibit P17 and allowed the petitioner to continue with the construction at his risk. The said interim order was later modified by allowing the Ombudsman to complete the proceedings. 3. Today, it is reported by the learned counsel for the petitioner that the complaint itself has been closed by order W.P.(C) No.8928/2010 2 dated 05.06.2010. A perusal of the order shows that the Ombudsman had called for the report by the Joint Director wherein after the Taluk Surveyor inspected the property, it was found that there is no violation. Since the matter is pending before this Court, Ombudsman directed the complainant to seek appropriate reliefs in the writ petition and accordingly, complaint stands closed now. 4. Learned counsel for the 3rd respondent submitted that this Court therefore will have to consider the matter on merits. It is pointed out by the learned counsel for the petitioner that the 3rd respondent has already filed a civil suit as O.S.No.390/2010 before the 3rd Additional Munsiff Court, Trivandrum. Since the proceedings of the Ombudsman have been closed and as the learned counsel for the petitioner submitted that the petitioner is not seeking any further relief in the writ petition, this writ petition is disposed of leaving open the remedy of the 3rd respondent to seek appropriate reliefs through the civil suit. T.R. RAMACHANDRAN NAIR JUDGE smp