IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH TUESDAY, THE 24TH MARCH 2009 / 3RD CHAITHRA 1931 WP(C).No. 4083 of 2008(S) ------------------------- PETITIONER(S): --------------- E.J. BABU, ERUPOOLIAMKATTIL, PAYYAMPALLY P.O., MANANTHAWADY P.O., WAYANAD. BY ADV. SRI.P.B.SAHASRANAMAN SRI.K.JAGADEESH SRI.T.S.HARIKUMAR RESPONDENT(S): --------------- 1. MANANTHAWADY GRAMA PANCHAYATH, MANANTHAWADY P.O., WAYANAD, REPRESENTED BY ITS SECRETARY. 2. THE PANCHAYATH COMMITTEE, MANANTHAWADY GRAMA PANCHAYATH, MANANTHAWADY P.O., WAYANAD, REPRESENTED BY ITS PRESIDENT. 3. OMBUDSMAN FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM. ADV. SRI.P.C.SASIDHARAN FOR R.1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/03/2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.4083/2008 A P P E N D I X PETITIONER'S EXHIBITS : EXT.P1 : TRUE COPY OF THE DECISION NO.8/06(17) OF THE MANANTHAWADY GRAMA PANCHAYAT DT. 21.1.2006. EXT.P2 : TRUE COPY OF THE ORDER OF THE OMBUDSMAN FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM DT. 22.8.2007. S.R.BANNURMATH, C.J. & KURIAN JOSEPH,J. ------------------------------------------------- W.P(C)No.4083 of 2008 -------------------------------------------------- Dated this the 24th day of March, 2009 JUDGMENT Kurian Joseph,J. This is a public interest litigation wherein the grievances aired is that the respondent Grama Panchayat has taken decision to reduce the rent in favour of a few of its tenants on the ground that by the installation of a Gandhi statue the view of those shops had been adversely affected. We find that the affected parties are not impleaded. Be that as it may, in the order passed by the learned Ombudsman as per Ext.P2 there is a direction to make uniform rate as far as the subsequent period is concerned. Though we do not approve the stand taken by the learned Ombudsman in respect of the concerned year as such, now that the period has expired long back and since the affected parties are not before us, we do not think that the issue should be considered on merits. Therefore, we dispose of the writ petition making W.P(C)No.4083 of 2008 : 2 : it clear that the Panchayat should implement the directions issued by the Ombudsman regarding the uniform rate. The writ petition is disposed of as above. S.R.BANNURMATH, Chief Justice KURIAN JOSEPH, Judge ahg. S.R.BANNURMATH, C.J. & KURIAN JOSEPH,J. --------------------------- W.P(C)No.4083 of 2008 ---------------------------- JUDGMENT 24th March, 2009