IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE THURSDAY, THE 10TH JANUARY 2008 / 20TH POUSHA 1929 WP(C).No. 31518 of 2007(B) -------------------------- PETITIONER: ------------- AHAMMEDKUTTY, S/O ABOO, NECHIKKATTU HOUSE, POST CHERUVADI, VIA MAVOOR, CALICUT. BY ADV. SMT.ARLISS TRENCY ANTONY RESPONDENTS: ----------------- 1. OMBUDSMAN FOR LOCAL SELF GOVERNMENT INSTITUTIONS, REPRESENTED BY ITS SECRETARY, TRIVANDRUM. 2. V.K.BASHEER, PODANCHERI VEEDU, III/554, MAVOOR, CHERUPPA P.O., KOZHIKODE. 3. MAVOOR GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, MAVOOR, KOZHIKODE. R3 BY ADV. SRI.P.V.KUNHIKRISHNAN R2 BY ADV. SRI.E.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE, J. ------------------------------- W.P.(C) No. 31518 OF 2007 ----------------------------------- Dated this the 10th day of January, 2008 JUDGMENT Under challenge is Ext.P2 order passed by the Ombudsman for Local Self Government Institutions. Even though a detailed counter affidavit has been filed by the party respondent justifying the Ombudsman's order, in view of the obvious and conceded position that Ext.P2 order has been passed without hearing the petitioner, I am inclined to set aside the same. It was submitted before me by the learned Standing Counsel for the Panchayat that the observation in Ext.P2 that the Secretary of the Panchayat had submitted through a statement filed before the Ombudsman that the complaint has been closed by the 2nd respondent, is not correct. Accordingly, I set aside Ext.P2 and direct the 1st respondent Ombudsman to take a fresh decision in the matter, hearing the petitioner and the party respondent who was the complainant before the Ombudsman and after ascertaining the view of the 3rd respondent Panchayat regarding the state of affairs currently existing. Fresh orders shall be passed at the Ombudsman's earliest. The Writ Petition will stand disposed of as above. PIUS C. KURIAKOSE, JUDGE btt WPC 2