IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 2ND DECEMBER 2009 / 11TH AGRAHAYANA 1931 WP(C).No. 28125 of 2009(I) ------------------------------------- PETITIONER: ------------------- ANIL THOMAS, VADAKKEVEETTIL ANIL VILLA, AZHOOR, PATHANAMTHITTA P.O, PATHANAMTHITTA-689 645. BY ADV. MR.JACOB P.ALEX. RESPONDENTS: ------------------------ 1. PATHANAMTHITTA MUNICIPALITY, REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE, PATHANAMTHITTA. 2. V.R.RAJU, (FORMER SECRETARY, PATHANAMTHITTA MUNICIPALITY), SECRETARY, MOOVATTUPUZHA MUNICIPALITY, MOOVATTUPUZHA. 3. PRAKASAN PILLAI, (FORMER MUNICIPAL ENGINEER, PATHANMTHITTA MUNICIPALITY), EXECUTIVE ENGINEER, KOLLAM CORPORATION, KOLLAM. 4. K.R.AJITH KUMAR, MUNICIPAL VICE CHAIRMAN, PATHANAMTHITTA MUNICIPALITY, KUZHIKKATTIL HOUSE, AZHOOR MURI, PATHANAMTHITTA. 5. THE OMBUDSMAN FOR LOCAL SELF GOVERNMENT INSTITUTIONS, BARTON HILL BUNGALOW, KUNNUKUZHI, VANCHIYOOR, THIRUVANANTHAPURAM-33. 6. M.S.JAYASREE, W/O.SRI.K.R.AJITH KUMAR (MUNICIPAL VICE CHAIRMAN), ROHINI SADANAM, AZHOOR, PATHANAMTHITTA. W.P.(C). NO.28125/2009-I: *ADDL.R4 IMPLEADED: 7. STATE OF KERALA, REPRESENTED BY SECRETARY OF GOVERNMENT OF KERALA, LOCAL ADMINISTRATION DEPARTMENT. *IS IMPLEADED SUO MOTU AS ADDL. RESPONDENT AS PER ORDER DTD. 07/10/09. R1 BY MR. V.K. SUNIL, S.C, R2 & R3 BY ADV.MR.B.SURESH KUMAR. R7 BY GOVT. PLEADER. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/12/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.28125/2009-I: APPENDIX PETITIONERS' EXHIBITS & ANNEXURE: EXT.P.1: COPY OF THE MINUTES OF THE MEETING OBTAINED UNDER RIGHT TO INFORMATION ACT. EXT.P.2: COPY OF THE RELEVANT PAGE OF MALAYALA MANORAMA DAILY DTD. 27/04/2008. EXT.P.3: COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER UNDER RIGHT TO INFORMATION ACT BEFORE THE INFORMATION OFFICER OF R.1. ON 05/08/2008. EXT.P.4: COPY OF THE REPLY BEARING NO. G1-8907/08 DTD. 12/11/2008. EXT.P.5: COPY OF THE APPEAL BEFORE THE APPELLATE AUTHORITY ON 12/01/2009. EXT.P.6: COPY OF THE REPLY TO EXHIBIT P.5 BEARING NO. 12-316/09 DTD. 12/01/2009. EXT.P.7: COPY OF THE PETITIONER PREFERRED A COMPLAINT UNDER SECTION 271 OF THE PANCHAYATH RAJ ACT BEFORE THE R.5. EXT.P.8: COPY OF THE ORDER DTD. 07/07/2009 PASSED BY R.5. EXT.P.9: COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER UNDER RTI BEFORE THE INFORMATION OFFICER OF THE R.1. EXT.P.10: REPLY SUBMITTED BY THE R.1. BEARING NO. G1-3725/09 DTD. 04/06/2009. EXT.P.11: APPEAL DTD. 16/06/2009 WAS SUBMITTED BY THE PETITIONER ON 23/07/2009. EXT.P.12: REPLY TO EXT.P.11 BEARING NO. G1-5925/09 DTD. 25/08/2009. EXT.P.13: COPY OF THE RELEVANT PAGE OF THE ASSET REGISTER MAINTAINED BY THE R.1. EXT.P.14: COPY OF THE APPLICATION SUBMITTED BY THE WIFE OF R.4. EXT.P.15: COPY OF THE OCCUPANCY CERTIFICATE DTD. 21/05/2007 ISSUED BY THE R.1. TO THE WIFE OF R.4. EXT.P.16: COPY OF THE PERMISSION FOR CONSTRUCTION ISSUED BY THE R1. TO THE R.6. EXT.P.17: SITE PLAN, WHEREIN THE ABOVE SAID KTDC GUEST HOUSE-KSEB ROAD IS MENTIONED AS A PRIVATE LANE. W.P.(C). NO.28125/2009-I: EXT.P.18: COPY OF THE APPLICATION DTD. 04/05/2009 SUBMITTED BY THE PETITIONER. EXT.P.19: COPY OF THE REPLY DTD. 04/06/2009 BEARING NO. G1-3724/09. EXT.P.20: REPLY OF THE APPEAL DTD. 16/06/2009 SUBMITTED BY THE PETITIONER ON 23/07/2009. EXT.P.21: COPY OF THE REPLY BEARING NO. G1-5924/09 DTD. 28/08/2009. EXT.P.22: COPY OF THE APPLICATION DTD. 24/04/2009 BY R.4. EXT.P.22.A: COPY OF THE DECISION OF R.1. EXT.P.23: COPY OF THE APPLICATION DTD. 20/08/2009 SUBMITTED BY THE PETITIONER BEFORE THE PUBLIC INFORMATION OFFICER OF THE OFFICE OF THE DIRECTOR OF URBAN AFFAIRS. EXT.P.24: COPY OF THE REPLY ISSUED BY THE INFORMATION OFFICER OF THE URBAN AFFAIRS DEPARTMENT BEARING NO. E2-19649 DTD. 28/08/2009. EXT.P.25: COPY OF THE REPORT SUBMITTED BY THE REGIONAL JOINT DIRECTOR BEFORE THE DIRECTOR OF URBAN AFFAIRS DTD. 01/07/2009. EXT.P.26: COPY OF THE COMMUNICATION BEARING NO. 15879/08 DTD. 17/08/2009 BY DIRECTOR OF URBAN AFFAIRS TO THE GOVERNMENT SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT VIDE COMMUNICATION. ANNEXURE II: COPY OF THE REPLY BEARING NO. 68818/EU1/09/LSGD DTD. 18/10/2009 ISSUED TO THE PETITIONER. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.28125 OF 2009 ------------------------------------------- Dated this the 2nd day of December, 2009 JUDGMENT Read order dated 7.10.2009. The matter relates to certain allegations of abuse of public funds. As of now, learned Government Pleader submits that the appropriate department in Government has issued a vigilance inquiry in the matter. With this, no further directions are called for. In such circumstances, it is clarified that the rejection of the petitioner's application by the learned Ombudsman, on account of delay, would not stand in the way of the petitioner making appropriate representations or statements before the competent authority conducting vigilance inquiry. The impugned order of the learned Ombudsman will not stand in the way of proceedings, if any, that may be recommended following the vigilance enquiry, either for prosecution or for recouping any loss sustained by the local authority. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.4/12.