IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 24TH SEPTEMBER 2008 / 2ND ASWINA 1930 WP(C).No. 26058 of 2005(B) -------------------------------------- PETITIONER: ----------------- K.P.VARKEY, KOLAMBEL VEEDU, THATTEKKATTU POST, KOTHAMANGALAM, PIN-686 691. BY ADV. SMT.T.D.RAJALAKSHMI SRI.E.R.VENKATESWARAN RESPONDENTS: ---------------------- 1. OMBUDSMAN FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM. 2. KOORAMPARA GRAMA PANCHAYATH, KOORAMPARA POST, PIN-686 691, KOTHAMANGALAM REPRESENTED BY ITS SECRETARY. GOVERNMENT PLEADER SRI.MOHAMMED ANZAR FOR R1 ADV. SRI.S.SHANAVAS KHAN FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 26058/2005-B APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE NOTICE DATED 15/11/2004 ISSUED BY THE FIRST RESPONDENT. EXT.P2: COPY OF THE ORDER DATED 23/11/2004 ISSUED BY THE FIRST RESPONDENT. EXT.P3: COPY OF THE REVIEW PETITION DATED 20/01/2005 FILED BEFORE THE 1ST RESPONDENT. EXT.P4: COPY OF THE NOTICE DATED 11/01/2005 ISSUED BY THE 2ND RESPONDENT. EXT.P5: COPY OF THE PETITION DATED 20/07/2005 FILED BEFORE THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE Rs/ KURIAN JOSEPH, J. ----------------------------------------- W.P(C) No. 26058 of 2005 ----------------------------------------- Dated this the 24th day of September, 2008 JUDGMENT The challenge is on Ext.P2 order passed by the first respondent to the extent costs to the tune of Rs.5,000/- was imposed on the petitioner. According to the first respondent, the complaint was frivolous and mischievous. But on going through the averments in the writ petition it can be seen that the petitioner was bona fide prosecuting a complaint before the Ombudsman. Only owing to the action thus taken by the petitioner the members of the second respondent Grama Panchayat became vigilant. Therefore, there is no justification in imposing the cost. The order imposing cost in Ext.P2 is hence vacated. The writ petition is disposed of as above. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- W.P(C).No.26058 of 2005 ----------------------------------- JUDGMENT 24th September, 2008