IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 17TH AUGUST 2009 / 26TH SRAVANA 1931 WP(C).No. 23342 of 2009(K) --------------------------------------- PETITIONER(S): --------------------- SINDHU BAIJU, KUTTIKADAN HOUSE, VETTUKADAVU ROAD, CHALAKUDY. BY ADV. MR.INNOCENT FRANCIS PAPALI RESPONDENT(S): ------------------------- 1. THE SECRETARY, CHALAKUDY MUNICIPALITY, CHALAKUDY. 2. THE ASSISTANT ENGINEER, IRRIGATION DEPARTMENT, CHALAKUDY. 3. K.A. BABU, KANJIRAPPARAMBIL (H), VETTAKADAVU ROAD, CHALAKUDY. R2 BY GOVERNMENT PLEADER R1 BY ADV. MR.M.P. ASOK KUMAR, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.23342 of 2009-K = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 17th day of August, 2009. JUDGMENT Notice to respondents 1 and 3 dispensed with preserving their right to seek re-hearing of this writ petition. Learned Government Pleader appears for the second respondent. The petitioner complains that the third respondent is making a construction in such a way that Government land is encroached upon, however that, the second respondent officer of the Irrigation Department and the first respondent, Secretary of the Municipality are not considering the objections of the petitioner. If the first respondent does not do his job in terms of the statutory provisions, the petitioner has an effective alternate remedy to invoke the jurisdiction of the learned Ombudsman for Local WP(C)23342/09 -: 2 :- Self Government Institutions whose powers are quite evident in terms of Section 271F onwards of the Panchayat Raj Act. Hence, without prejudice to the right of the petitioner moving against the first respondent before the Ombudsman, the second respondent is directed to look into any complaint of the petitioner regarding the encroachment on the Government land. The writ petition is ordered accordingly. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/070909