IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE THURSDAY, THE 17TH JANUARY 2008 / 27TH POUSHA 1929 WP(C).No. 12984 of 2007(U) -------------------------- PETITIONER: ------------ MOHAMMED HAFEEL, S/O S.A.P.HAMEED HAJI, AGED 38 YEARS, CHEELAN HOUSE, VADIKKAL, P.O.MADAYI, KANNUR DISTRICT. (REPRESENTED BY THE POWER OF ATTORNEY HOLDER S.A.P.HAMEED HAJI, CHEELAN HOUSE, VADIKKAL, P.O.MADAYI) BY ADV. SRI.S.MAMMU RESPONDENTS: ------------- 1. OMBUDSMAN FOR LOCAL SELF GOVERNMENT INSTITUTIONS, REPRESENTED BY ITS SECRETARY, BARTENHILL BUNGLAVU, KUNNUKUZHI P.O., THIRUVANANTHAPURAM. 2. MADAYI GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, MADAYI P.O., KANNUR DISTRICT. 3. K.SAFIYA, W/O KUNHIMOIDEEN, KUNHAMINA MANZIL, NEAR PUTHYANGADI U.P.SCHOOL, P.O.MADAYI, KANNUR DISTRICT. BY ADV. SRI.P.V.KUNHIKRISHNAN SRI.V.R.KESAVA KAIMAL SMT.M.R.JAYALATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Pius C. Kuriakose, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 12984 of 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of January,2008 JUDGMENT Having considered the report of the Assistant Executive Engineer Ext.P12 and the sketch Ext.P13 filed by him, I am of the view that the learned Ombudsman was perfectly justified in issuing Ext.P14 order. It is seen that while passing Ext.P14 order the learned Ombudsman has taken into account all relevant aspects including considerations of justice. I do not find any infirmity warranting cancellation of Ext.P14 order under Article 226 of the Constitution, which is to be invoked only in exceptional cases. Hence, the writ petition fails and will stand dismissed. It is made clear that this confirmation of Ext.P14 order does not preclude the petitioners' right to seek other remedy, if any, available to him under law. Pius C. Kuriakose, Judge. mn. 2