IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 31ST MARCH 2010 / 10TH CHAITHRA 1932 WP(C).No. 8306 of 2010(K) ------------------------- PETITIONER(S): ---------------------- RENU MOHANDS, W/O.MOHANDAS.G, AGED 50 YEARS, RESIDING AT `SHIVAM', AMBELIPADOM ROAD, VYTTILA, ERNAKULAM. BY ADV. SRI.M.S.UNNIKRISHNAN RESPONDENT(S): --------------- 1. OMBUDSMAN FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM, REP. BY SECRETARY. 2. SECRETARY, PERUVANTHANAM PANCHAYAT, IDUKKI DISTRICT. 3. BEVIN SCARIA NINAN, S/O.K.S.NINAN, MANAGING PARTNER, HARD ROCKS METALS, NIRMALAGIRI, PERUVANTHANAM, IDUKKI. ADV. SRI.GEO PAUL FOR R2 SRI.SANU MATHEW FOR R2 SRI.C.R.PRAMOD FOR R2 SRI.NOEL JOSEPH FOR R2 SRI.M.B.SANDEEP FOR R2 SRI.K.V.REJANISH FOR R2 SRI.S.ASHOK KUMAR. FOR R2 SRI.PHILIP T.VARGHESE FOR R3 SRI.THOMAS T.VARGHESE FOR R3 SMT.ACHU SUBHA ABRAHAM FOR R3 SMT.N.ASWATHY FOR R3 SMT.DIVYA KRISHNAN FOR R3 SRI.NIKHIL GEORGE FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.8306/10 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE PHOTOCOPY OF SALE DEED NO.306/2007 OF SRO, PEERUMEDU. EXT.P2: TRUE COPY OF THE TAX RECEIPT IN RESPECT OF TP 8089 DT 7.3.2008. EXT.P3: TRUE COPY OF THE LOCATION PLAN SHOWING THE LIE OF THE PROPERTY ISSUED BY PERUVANTHANAM VILLAGE OFFICER. EXT.P4: TRUE COPY OF THE PETITION DATED 12.2.2007 SUBMTTED BY THE 3RD RESPONDENT BEFORE THE 2ND RESPONDENT. EXT.P5: TRUE COPY OF THE APPLICATION FOR CONSTRUCTION OF SHED FOR THE PURPOSE OF THE RUNNING THE CRUSHER UNIT ON 12.11.2007 SUBMITTED BY THE 3RD RESPONDENT. EXT.P6: TRUE COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT. EXT.P7: TRUE COPY OF REPLY TO EXT.P6 SUBMITTED BY THE 3RD RESPONDENT BEFORE THE 2ND RESPONDENT. EXT.P8: TRUE COPY OF THE PETITION SUBMITTED BY THE 3RD RESPONDENT BEFORE THE 1ST RESPONDENT. EXT.P9: TRUE COPY OF THE DETAILED STATEMENT SUBMITTED BY THE SECRETARY OF THE 2ND RESPONDENT BEFORE THE 1ST RESPONDENT. EXT.P10: TRUE COPY OF THE REPORT DT 23.1.2010 OF THE DEPUTY DIRECTOR OF PANCHAYAT. EXT.P11: TRUE COPY OF PAGE NO.67 OF THE ROAD REGISTER MAINTAINED BY THE PANCHAYAT. EXT.P12: TRUE COPY OF LOCATION SKETCH BEFORE THE 2ND RESPONDENT. EXT.P13: TRUE COPY OF THE ORDER DT 23.1.2010 OF THE 1ST RESPONDENT. EXT.P14: TRUE COPY OF THE PETITION FOR IMPLEADING THE PETITIONER AS ADDITIONAL 2ND RESPONDENT IN THE O.P. EXT.P15: TRUE COPY OF THE PETITION FOR KEEPING THE ORDER DATE 23.1.2010 IN ABEYANCE. WPC NO.8306/10 -2- EXT.P16: TRUE COPY OF THE PETITION TO REVIEW THE ORDER DT 23.1.2010 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P17: TRUE COPY OF THE PETITION TO ADVANCE THE HEARING FILED BEFORE THE 1ST RESPONDENT. EXT.P18: TRUE COPY OF THE LETTER DT.17.12.2009 ISSUED BY THE 2ND RESPONDENT. EXT.P19: TRUE COPY OF THE APPLICATION DATED 10.7.08 SUBMITTED BEFORE THE 2ND RESPONDENT BY THE 3RD RESPONDENT. EXTS. OF R3 EXT.R3: TRUE COPY OF THE CONSENT ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD DT 1.4.2007. EXT.R3(a): TRUE COPY OF NO OBJECTION CERTIFICATE ISSUED THE FIRE FORCE DEPARTMENT DT 30.9.2007. EXT.R3(b): TRUE COPY OF THE LICENCE ISSUED BY THE JOINT CHIEF CONTROLLER OF EXPLOSIVES DT 22.4.2009. EXT.R3(c): TRUE COPY OF THE NO OBJECTION CERTIFICATE ISSUED BY THE DISTRICT MEDICAL OFFICER, IDUKKI DT 3.8.2007. EXT.R3(d): TRUE COPY OF THE STATEMENT SUBMITTED BY THE 2ND RESPONDENT BEFORE THE 1ST RESPONDENT DT 10.2.2010. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 8306 OF 2010 (K) ===================== Dated this the 31st day of March, 2010 J U D G M E N T The challenge in this writ petition is against Ext.P13, an order passed by the Ombudsman for Local Self Government Institutions in OP No.1684/2009. According to the petitioner, Ext.P13 order was passed without hearing her and that although she had filed Exts.P14 to P17 applications to get herself impleaded in the proceedings, to keep Ext.P13 in abeyance, to review Ext.P13 and to advance hearing of the applications, these applications were not considered and at the same time, action on the basis of Ext.P13 was being taken. It is on that premise, the writ petition was filed. 2. When the matter came up for admission on 12.03.2010, having regard to the facts as stated above, this Court stayed further proceedings pursuant to Ext.P13 order. Now counsel have entered appearance on behalf of respondents 2 and 3. It is pointed out on behalf of respondents 2 and 3 that but for the pendency of this writ petition, the Ombudsman itself would have considered the applications made by the petitioner. It is WPC No. 8306/10 :2 : also pointed out that on 23/3/2010, the Ombudsman has closed the proceedings in view of the pendency of the writ petition with liberty to the parties to seek its reopening on the disposal of the writ petition. 3. As already seen, the grievance of the petitioner is against Ext.P13. She is seeking review of that order and other necessary orders, for which, she has already filed Exts.P14 to P17 applications before the Ombudsman. Therefore, the grievance of the petitioner will be redressed if the Ombudsman considers Exts.P14 to P17 with notice to the parties and pass appropriate orders in the matter, keeping further proceedings pursuant to Ext.P13 in abeyance in the meanwhile. 4. Therefore, I dispose of this writ petition directing that it will be open to the petitioner to produce a copy of this judgment and seek reopening of the proceedings before the Ombudsman. Once proceedings are re-opened, the Ombudsman will consider Exts.P14 to P17 applications with notice to the parties and pass orders thereon. This shall be done, as expeditiously as possible. WPC No. 8306/10 :3 : It is directed that in the meanwhile, further proceedings pursuant to Ext.P13 order challenged in this writ petition will be kept in abeyance. ANTONY DOMINIC, JUDGE Rp