IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 15TH OCTOBER 2009 / 23RD ASWINA 1931 WP(C).No. 19769 of 2007(C) -------------------------- PETITIONER(S): ------------------- KUMARAN, AGE 51 YEARS, S/O.PARANGU, KILIYANGAD HOUSE, THEYYALA ROAD, TANUR P.O., MALAPPURAM DISTRICT. BY ADV. SMT.LATHA PRABHAKARAN SRI.K.M.JAMALUDHEEN SMT.C.C.JANCY RESPONDENT(S): --------------------- 1. THE STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, MINISTRY OF INFORMATION & TECHNOLOGY, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR, KERALA I.T.MISSION, DIRECTORATE OF KERALA I.T.MISSION, TRIVANDRUM. 3. THE CO-ORDINATOR, AKSHAYA DISTRICT PROJECT OFFICE & STATE FIELD OFFICE (DEPARTMENT OF INFORMATION TECHNOLOGY, GOVERNMENT OF KERALA), 2ND FLOOR, PALACE BUILDING JUBILEE ROAD, MALAPPURAM - 676 505. 4. THE SECRETARY, TANUR GRAMA PANCHAYATH, TANUR, MALAPPURAM. 5. SUBAIDA C.K., PRESIDENT, TANUR GRAMA PANCHAYATH, TANUR, MALAPPURAM. 6. MUHAMMED ASHRAF.C., VICE PRESIDENT, TANUR GRAMA PANCHAYATH, TANUR, MALAPPURAM. 7. SHABEER, G-TECH COMPUTER CENTRE, TANUR. 8. SAMEER, CYBER-ZONE COMPUTER COLLEGE, TANUR. ADV. SRI.K.T.SHYAMKUMAR FOR R4 TO 6 SRI.HARISH R. MENON FOR R4 TO R6 SRI.T.K.VIPINDAS FOR R8 SRI.SATISH MURTI FOR R2 GOVT.PLEADER SRI.T.K.ARAVINDAKUMAR BABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.19769/07 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE DEMAND DRAFT FOR RS.100 DT 17.12.2002. EXT.P2: TRUE COPY OF THE CERTIFICATE ISSUED BY THE 4TH RESPONDENT DT 17.12.2002. EXT.P3: TRUE COPY OF THE RESOLUTION DT 20.7.06 OF THE 4TH RESPONDENT. EXT.P4: TRUE COPY OF THE LETTER DT 4.10.2006 ISSUED BY THE 3RD RESPONDENT. EXT.P5: TRUE COPY OF THE LETTER SENT BY THE PETITIOENR TO THE 2ND RESPONDENT. EXT.P6: TRUE COPY OF THE LETTER DT 2.12.2006 OF THE PETITIOERN TO THE 2ND RESPONDENT. EXT.P7: TRUE COPY OF THE COMPLAINT DT 20.12.2006. EXT.P8: TRUE COPY OF THE ORDER OF THE OMBUDSMAN DT 22.3.2007. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 19769 OF 2007 (C) ===================== Dated this the 15th day of October, 2009 J U D G M E N T The grievance of the petitioner is against Ext.P8, an order passed by the Ombudsman for Local Self Government Institutions. 2. Petitioner submits that enclosing Exts.P1 and P2, he applied to the 3rd respondent for establishing an Akshaya Centre sponsored by the 2nd respondent. However, no action was taken on his application for the reason that the recommendation of the 4th respondent was not attached. Thereupon, the petitioner obtained the 4th respondent's recommendation as well. It is stated that while his application was pending consideration of the 3rd respondent, overlooking his prior claim, respondents 7 and 8 were allotted Akshaya Centres based on the 4th respondent's recommendation, which was made only on 30/11/2006. He filed complaints which were not answered and therefore, he made Ext.P7 application to the Ombudsman and that resulted in Ext.P8 order, closing the proceedings. 3. Going by the petitioner's own averments, his complaint is that respondents 2 and 3 have allotted Akshaya Centre to WPC 19769/07 :2 : respondents 7 and 8 overlooking his superior claim. If that be the grievance, proceedings before the Ombudsman were misconceived, in as much as such proceedings cannot lie against respondents 2 and 3. Be that as it may, counsel for the 3rd respondent now submits on instructions that they propose to establish a new Akshaya Centre at Kunnumpuram, a place close to Thanur, and it has been decided to allot the said Akshaya Centre to the petitioner, subject to the other conditions prescribed for the purpose. This submission, in my view, should redress the grievance of the writ petitioner and therefore, recording the aforesaid submission the writ petition is closed. ANTONY DOMINIC, JUDGE Rp