IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 1ST APRIL 2008 / 12TH CHAITHRA 1930 WP(C).No. 10639 of 2008(N) ------------------------------------ PETITIONER: ----------------- JANATHA INDUSTRIAL CO-OPERATIVE SOCIETY LTD.NO. S.IND(A)262, KOCHUVALLUR PO CHENGANNUR, ALAPPUZHA DISTRICT, REPRESENTED BY ITS SECRETARY. BY ADV. SRI.P.HARIDAS RESPONDENTS: ---------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, LOCAL SELF GOVERNMENT INSTITUTIONS GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 2. OMBUDSMAN FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM. 3. THE MANAGER, DISTRICT INDUSTRIES CENTER ALAPPUZHA. 4. DISTRICT PANCHAYATH, ALAPPUZHA REPRESENTED BY ITS SECRETARY. 5. THE ASSISTANT REGISTRAR (AUDIT) CO-OPERATIVE SOCIETIES, CHENGANNUR ALAPPUZHA DISTRICT. 6. K.R. RAJAPPAN, CHAITHANYA MULAKUZHA, CHENGANNOOR, ALAPPUZHA. BY SR. GOVERNMENT PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = WP(C).No.10639 of 2008-N = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 1st day of April, 2008. JUDGMENT 1.Ext.P2 has been passed by the Ombudsman for Local Self Government Institutions on a complaint made by the 6th respondent, who is a member of the Alappuzha District Panchayat. His complaint was regarding alleged maladministration of the panchayat authorities. The Ombudsman found maladministration and issued Ext.P2. The operative portion of Ext.P2 is as follows: “.....Therefore, I direct the 1st respondent,Manager, District Industrial Centre to have a comprehensive amendment of the bye-law of the Society, so that the representatives of the District Panchayat can be included in the Board WP(C)10639/2008 -: 2 :- of Directors. This has to be done before the close of this financial year 2007-08. Unless this is done within the stipulated time, the District Panchayat shall take action to recover the entire amount from the Society. Except the above direction given to the Manager, District Industrial Centre and the Secretary, Janatha Industrial Co-operative Society Limited, Kozhuvalloor, no interference is called for in this matter. The petitioner is closed.” 2.The direction to the Manager of the District Industries Centre to make comprehensive amendment to the bye-laws of the petitioner society is only to exclude the consequence that the District Panchayat shall take action to recover the entire amounts from the society. Hence, there is really no specific direction as against the society or the Manager of the DIC since the consequence is only that the District Panchayat which is found WP(C)10639/2008 -: 3 :- to have committed maladministration shall take action to recover the amounts given by it to the petitioner society. Having regard to the view taken aforesaid, I do not find any reason to exercise the writ jurisdiction and quash Ext.P2, particularly when there is no dispute that the petitioner society had obtained the funds from the District Panchayat. The writ petition fails. The same is accordingly dismissed. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/050408