IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 17TH JUNE 2008 / 27TH JYAISHTA 1930 WP(C).No. 17978 of 2008(M) -------------------------- PETITIONER: -------------- SAJEESH,S/O. ACHYUTHAN, KODAKADATH HOUSE, PO.EDAPPAL MALAPPURAM DISTRICT. BY ADV. SRI.SAJU.S.A RESPONDENTS: ----------------- 1. EDAPPAL GRAMA PANCHAYATH RERPESENTED BY ITS SECRETARY PO. EDAPAL, MALAPPURAM DISTRICT. 2. THE SECRETARY EDAPPAL GRAMA PANCHAYATH PO. EDAPAL, MALAPPURAM DISTRICT. 3. OMBUDSMAN FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THRIUVANANTHAPURAM. 4. K.S. KANNAN, KONNAMKALATHU HOUSE, PO, EDAPPAL MALAPPURAM DISTRICT. BY GOVT.PLEADER SMT.K.K.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 17978 OF 2008 M ==================== Dated this the 17th day of June, 2008 J U D G M E N T Ext.P3 order is under challenge. By Ext.P3 order, the Ombudsman directed that the permit sought by the petitioner for construction of boundary wall with reference to the sketch produced by him be granted. The order shows that the Survey Superintendent who was present and the Tahsildar, have reported about the absence of a road either in the survey records or elsewhere. If that be so, the Ombudsman cannot be faulted for the view it has taken in Ext.P3. 2. Learned Counsel for the petitioner contends that the fact that the survey records do not show the existence of the road does not mean the road was in fact not there. He also refers to Ext.P2 proceedings of the Panchayat to contend that the road was in fact in existence. 3. On the materials available before the Ombudsman, the conclusion arrived at in Ext.P3 cannot be faulted. On additional materials, if the petitioner can persuade the Ombudsman to come to a conclusion that the findings in Ext.P3 are unwarranted, it is for the petitioner to move WPC 17978/08 :2 : the Ombudsman itself and get Ext.P3 varied. Therefore, with that liberty, writ petition is disposed of. ANTONY DOMINIC,JUDGE. Rp