IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 3RD FEBRUARY 2009 / 14TH MAGHA 1930 WP(C).No. 3528 of 2009(T) ------------------------- PETITIONER(S): ------------------ T.D.VARGHESE, S/O.DEVASSY, AGED 42 YEARS THOKKUDAM HOUSE, THUMBARASSERI,KUZHOOR P.O. THRISSUR -680734. BY MR.SHOBY K.FRANCIS -ADV. RESPONDENT(S): 1 ------------------------- 1. OMBUDSMAN FOR LOCAL SELF GOVERNMENT INSTITUTIONS,BARTON HILL BNAGALOW, KUNNUKUZHI P.O. THIRUVANANTHAPURAM-695037 REPRESENTED BY ITS SECRETARY. 2. KUZHOOR GRAMA PANCHAYATH, KUZHOOR P.O. THRISSUR -680734 REP. BY ITS SECRETARY. 3. THE CHILD DEVELOPMENT PROJECT OFFICER, ICDS OFFICE,MALA,THRISSUR 680722. 4. DISTRICT SURVEY SUPERINTENDENT, SURVEY & LAND RECORDS, DISTRICT OFFICE, AYYANTHOLE, THRISSUR -3. 5. TALUK SURVEYOR, MUKUNDAPURAM TALUK, TALUK OFFICE, IRINJALAKUDA, THRISSUR DISTRICT. 6. VILLAGE OFFICER,KAKKULISSERY VILLAGE, KAKKULISSERY, THRISUR DT. 7. DEPUTY DIRECTOR OF PANCHAYATH, THRISSUR- 3. 8. JANCY POLY, WARD MEMBER, WARD NO.3, KUZHOOR GRAMA PANCHAYATH, KUZHOOR P.O. THRISSUR DISTRICT. GOVERNMENT PLEADER MS. K.R. DEEPA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.3528 OF 2009 ---------------------------------------- Dated this the 3rd day of February, 2009 JUDGMENT The petitioner challenges Ext.P10 order of the Ombudsman for Local Self Government Institutions. The said order reads thus: “The measurement carried out by the Taluk Surveyor under supervision of the Deputy Director of Panchayat has revealed that the latrine of the Anganwadi actually projects into the northern property. The 5 cents plot of the Anganwadi itself was actually donated by the Ward Member who resides at the east. That actually necessitated the purchase of 1 cent for finding proper access to her property at her east. The Deputy Director of Panchayat has also reported that the wall in respect of which allegations are raised by the petitioner is actually necessary for avoiding soil erosion into the adjoining property of lower level. In the circumstances the petitioner is found to be devoid of merit and is dismissed.” The petitioner contends that the petitioner should have been given an opportunity to file objection against the report of the Taluk Surveyor regarding the measurement. W.P.(c)No.3528/09 2 I do not think that the Ombudsman can function as a Civil Court following the procedure prescribed under the Civil Procedure Code in this case. The Ombudsman had summoned the Secretary of the Panchayat and directed a measurement by the Taluk Surveyor under the supervision of the Deputy Director of Panchayat based on which only the order has been passed. I do not find any illegality in Ext.P10 order. Accordingly, the writ petition is dismissed. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.3528/09 3