IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 20TH AUGUST 2009 / 29TH SRAVANA 1931 WP(C).No. 23861 of 2009(C) -------------------------- PETITIONER(S): --------------- THOMAS, VENGASSERRIL HOUSE, VILLOONI P.O., ARPPOOKKARA VILLAGE, KOTTAYAM DISTRICT. BY ADV. SRI.ALEX KALEEKAL RESPONDENT(S): --------------- ARPOOKKARA GRAMA PANCHAYAT REP.BY ITS SECRETARY, VILLOONI P.O., KOTTAYAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.23861 OF 2009 ------------------------------------------- Dated this the 20th day of August, 2009 JUDGMENT 1.Notice to the respondent is dispensed with, preserving its right for re-hearing of the matter, if aggrieved. 2.The petitioner states that no action has followed Exts.P1 and P2 representations as against an illegal construction, the illegality of which is explicit from a plain reading of the information collected under the RTI Act as evidenced by Ext.P4. The petitioner, therefore, seeks directions. The person who is allegedly committing the illegal act is not a party in this writ petition. That notwithstanding, the power of the District Magistrate or the Additional District Magistrate under the Code of Criminal Procedure, the civil court under its jurisdiction etc. are efficacious alternate remedies. If any Panchayat officials or other athorities in the Panchayat sleep over their duties and responsibilities, the issues relating to mal-administration can be placed before the Ombudsman for WPC.23861/09 Page numbers Local Self Government Institutions which is a unique establishment in the State of Kerala. All of these alternate remedies being available, the petitioner has moved this writ petition on the premise that the entire locality is affected by the putting of slabs across a public water course. Without expressing anything on merits, singularly on the basis of the facts disclosed by Ext.P4, it is directed that the respondent will issue its decision on Exts.P1 and P2 after hearing the necessary parties within a period of four weeks from now and communicate that decision to be placed before the Registrar General of this Court within a period of one month from the date of receipt of a copy of this judgment. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.24/8.