IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 7TH MARCH 2008 / 17TH PHALGUNA 1929 WP(C).No. 26405 of 2004(R) --------------------------------------- PETITIONER: ------------------- THIRUVANANTHAPURAM DISTRICT PANCHAYAT, REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM. BY ADV. SRI.PIRAPPANCODE V.SREEDHARAN NAIR, SRI.PIRAPPANCODE V.S.SUDHIR, SRI.V.VARGHESE. RESPONDENTS: ------------------------ 1. R. PRABHAKARAN NAIR, M.V. BUNGLOW, PACHA, PALUVALLY POST, THIRUVANANTHAPURAM. 2. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT (PA), SECRETARIAT, THIRUVANANTHAPURAM. 3. COMMISSIONER, OFFICE OF THE VILLAGE DEVELOPMENT COMMISSIONER, THIRUVANANTHAPURAM. 4. OMBUDSMAN FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM. BY ADV. SRI.T.A.UNNIKRISHNAN, ADV. SRI.K.SATHEESH KUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/03/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.26405/2004-R: APPENDIX PETITIONER'S EXHIBITS : EXT.P.1: COPY OF THE AGREEMENT DTD. 30/10/2001 ENTERED BETWEEN THE PETITIONER AND THE R.1. AS WELL AS THE SUPPLEMENTAL ONE FOR GIVING MOBILISATION ADVANCE. EXT.P.2: COPY OF THE GOVERNMENT LETTER NO. 11623/P.V.1/94/LAD DTD. 03/08/2001 ADDRESSED BY THE R.2. EXT.P.3: COPY OF THE CIRCULAR NO. 19013/JR V1/2001/CRD DTD. 27/09/2001 OF THE R.3. EXT.P.4: COPY OF THE O.P. NO. 666/2003 FILED BY THE R.1. BEFORE THE R.4. DTD. 12/12/2003. EXT.P.5: COPY OF THE OBJECTION DTD. 19/02/2004 FILED BY THE PETITIONER BEFORE THE R.4. EXT.P.6: COPY OF THE OBJECTION DTD. 16/07/2004 FILED BY THE PETITIONER BEFORE THE R.4. EXT.P.7: COPY OF THE CIRCULAR NO. 27582/P3/99/LAD DTD. 29/06/1999. EXT.P.8: COPY OF THE ORDER DTD. 07/07/2004 OF THE R.4. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// prv. KURIAN JOSEPH, J. --------------------------------------- W.P.(C). No. 26405 OF 2004 --------------------------------------- Dated this the 7th day of March, 2008. J U D G M E N T Ext.P8 order passed by the 4th respondent, Ombudsman is under challenge. As per the said order, the petitioner District Panchayat was directed not to deduct the tax from the final bill amount due to the 1st respondent, as directed by the Government. By order dated 9.9.2004, this court has stayed the impugned order. In case the 1st respondent has still any grievance left, a forum for settling the dispute regarding the deduction of tax, as per the direction issued by the Government under Panchayat, is not Ombudsman, it is the Government or the Civil court. Without prejudice to the liberty to the 1st respondent as above, the impugned order is quashed. This writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. ps