IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 17TH FEBRUARY 2009 / 28TH MAGHA 1930 WP(C).No. 5114 of 2009(H) ------------------------------- PETITIONER: -------------- THE VANDANMEDU GRAMA PANCHAYATH, REP. BY ITS SECRETARY, VANDANMEDU P.O. IDUKKI DIST. BY MR.JOICE GEORGE, ADVOCATE. RESPONDENTS: ----------------- 1. SUNNY MUTHUKULATHEL HOUSE, NETTITHOZHU P.O., UDUMBANCHOLA, IDUKKI - 685 551. 2. OMBUDSMAN FOR LOCAL SELF GOVERNMENT INSTITUTIONS, KERALA, OFFICE OF THE OMBUDSMAN FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM. 3. THE DY. DIRECTOR OF PANCHAYATS, IDUKKI, OFFICE OF THE DY. DIRECTOR OF PANCHAYATS, THODUPUZHA P.O., IDUKKI DISTRICT. 4. MATHEW ANTONY, THOLANIKKAL HOUSE, NETTITHOZHU P.O, KADUKKACITY, VANDANMEDU IDUKKI. BY MS. K.R. DEEPA, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/02/2009, ALONG WITH W.P.(C) Nos.5115 & 5150 OF 2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ---------------------------------------------- W.P.(C)Nos.5114, 5115 & 5150 OF 2009 -------------------------------------------------- Dated this the 17th day of February, 2009 JUDGMENT In these three writ petitions, a common order passed by the Ombudsman for Local Self Government Institutions is under challenge. That order reads thus: “The Deputy Director of Panchayat has filed report which reveals gross irregularity. The list prepared is irregular and no benefit can hence be given to any more persons. The list is hereby suspended. The State Performance Audit Officer is directed to make an exhaustive study with regard to the performance of the Vandenmedu Grama Panchayat in the matter of holding Grama Sabhas and preparation of eligibility lists; examine whether the lists are prepared in accordance with Government Circulars and file a report on an emergent basis so that preparation of fresh list and distribution of benefits based thereon can be considered without lapse of funds for the current year The Deputy Director of Panchayat is directed to report the name and present address of the Secretary who has made the irregualr cancellations with regard to the name of Sri. Chacko in the minutes book. Sri. Mathew Antony, ward member who is said to be responsible for the irregularities is present today. He is directed to file statement with regard to the justification for the irregularities mentioned in the W.P.(c)No.5114/09 & con.cases 2 report of the Deputy Director of Panchayat and to show cause why his name should not be reported to the election commission for appropriate action”. The above order was passed relying upon Ext.P3 report of the Deputy Director of Panchayats, Thodupuzha which report was filed after conducting an enquiry as directed by the Ombudsman. Ext.P3 in three writ petitions is the basis of that order. Ext.P3 proves it beyond doubt that the convening of the Grama Sabha and the selection of beneficiaries have not been done properly. In fact, ineligible persons have been included for distribution of public money. It is under the said circumstances, the Ombudsman had decided to take further action. Of course, the learned counsel for the petitioner would contend that Ext.P3 is only in respect of one of the wards. If the same is correct, it is perfectly open to the petitioner to prove before the Ombudsman that in respect of other wards, the same had been done properly. In any event, I do not find any reason to interfere with the order of the Ombudsman at this juncture, which according to me is based on adequate material on record. W.P.(c)No.5114/09 & con.cases 3 In the above circumstances, I do not find any merit in these writ petitions and accordingly, these writ petitions are dismissed. S. SIRI JAGAN, JUDGE Acd