IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 15TH OCTOBER 2008 / 23RD ASWINA 1930 WP(C).No. 3659 of 2007(I) ------------------------- PETITIONER(S): --------------- PAUL JOSEPH, KARINHOLIL HOUSE, KARIMANNOOR P.O., THODUPUZHA, IDUKKI DISTRICT. BY ADV. SRI.K.RAMAKUMAR (SR.) SRI.T.RAMPRASAD UNNI RESPONDENT(S): --------------- 1. THE OMBUDSMAN FOR LOCAL SELF GOVERNMENT INSTITUTIONS,THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. 2. THE KARIMANNOOR GRAMA PANCHAYAT, KARIMANNOOR P.O., IDUKKI DISTRICT REP.BY ITS SECRETARY. 3. SRI.NAZAR, THAIPARAMBIL HOUSE, NEYYASSERI P.O., THODUPUZHA, IDUKKI DISTRICT. ADV. SRI.SHAJI THOMAS PORKKATTIL FOR R2 SRI.BINU PAUL FOR R2 GOVERNMENT PLEADER SMT. K.R. DEEPA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.3659 OF 2007 ---------------------------------------- Dated this the 15th day of October, 2008 JUDGMENT The petitioner's grievance in this writ petition is that by Ext.P1, the Ombudsman for Local Self Government Institutions recorded the undertaking made by the Secretary of the Panchayat to demolish the allegedly unauthorised construction made by the petitioner as per the decision of the panchayat on 4.4.2005, without hearing the petitioner and without making the petitioner a party at the instance of the 3rd respondent. 2. I am not inclined to go into the controversy now, in so far as I am inclined to direct the Panchayat to take a decision in the matter after hearing the petitioner in accordance with the provisions of the Kerala Panchayat Raj Act. Accordingly, I dispose of this writ petition with a direction to the 2nd respondent – Panchayat to take a final decision in the matter after affording an opportunity of being heard to the petitioner as well as the 3rd respondent expeditiously. Till final decision is communicated to the petitioner against which the W.P.(c)No.3659/07 2 petitioner can seek appellate remedies as provided under the Kerala Panchayat Raj Act, the undertaking given by the Secretary before the Ombudsman as recorded in Ext.P1 shall not be implemented. However, if the decision of the Panchayat is against the petitioner, the Panchayat can take further proceedings, subject of course to the orders that the petitioner may obtain in appellate proceedings. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.3659/07 3