IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.P.R.RAMAN & THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR THURSDAY, THE 25TH FEBRUARY 2010 / 6TH PHALGUNA 1931 WP(C).No. 6348 of 2010(S) ------------------------- PETITIONER(S): --------------- K.P.VELAYUDHAN AGED 49 YEARS,S/O.KORAN, KOTTARATHUPARAMBIL, POOKATTIRI, EDAYUR PO, MALAPPURAM DISTRICT 676 554 BY ADV. SRI.K.P.DANDAPANI, SENIOR ADVOCATE SRI.MILLU DANDAPANI RESPONDENT(S): --------------- 1. EDAYOOR GRAMA PANCHAYAT REPRESENTED BY ITS SECRETARY EDAYOOR PO, MALAPPURAM DISTRICT. 2. THE SECREATARY EDAYOOR GRAMA PANCHAYAT EDAYOOR PO, MALAPPURAM DISTRICT. 3. ABDUL KAREEM AGED 53, S/O.KUNHIPOKKU KOTTAMPARA, EDAYOOR NORTH PO MALAPPURAM DISTRICT. 4. ASSISTANT EXECUTIVE ENGINEER CONVENOR, BLOCK LEVEL TECHNICAL ADVISORY GROUP (B.L.T.A.G) KUTTIPPURAM BLOCK MALAPPURAM DISTRICT. 5. I.V.RAJAGOPALAN, EXECUTIVE ENGINEER P.W.D.ROADS DIVISION,MANJERI, (FORMERLY WORKING AS ASSISTANT ENGINEER, EDAYOOR GRAMA PANCHAYAT EDAYOOR PO, MALAPPURAM DISTRICT. 6. THE DEPUTY DIRECTOR OF PANCHAYATHS MALAPPURAM DISTRICT. BY SR. GOVT. PLEADER SRI.BENJAMIN PAUL. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN, Ag.C.J. & C.N.RAMACHANDRAN NAIR, J. ------------------------------- W.P.(C) No.6348 of 2010 ------------------------------- Dated this the 25th day of February, 2010 J U D G M E N T Ramachandran Nair, J. This public interest litigation is filed challenging the interim orders of the Ombudsman directing the Panchayat to release payment for the work done by the third respondent, a few years back. According to the petitioner, the local fund audit raised objection against the work done by the third respondent for the Panchayat and they found that substantial amount of payment made to the respondent itself is to be recovered. However, third respondent has become a member of the Panchayat. The Panchayat, in collusion with third respondent and without stating the true facts before the Ombudsman, arranged payments to the third respondent. Since the matter is still pending with the Ombudsman, we feel, for the time being, the petitioner can raise his objection before the Ombudsman, and it is for them to consider the genuineness and entitlement of W.P.(C) No.6348 of 2010 2 the claim of the third respondent, particularly with reference to the objection raised by the Local Fund Audit. 2. We, therefore, dispose of the writ petition directing the Ombudsman to withhold implementation of the orders already issued until a final decision is taken, after hearing the petitioner and after considering the documents or evidence produced by him in support of his case that the claim by the third respondent is not allowable. Ombudsman is directed to dispose of the matter finally after giving an opportunity of hearing to all parties at the earliest. The Panchayat Secretary will not release payment until final orders are issued by Ombudsman in the matter. The petitioner will serve a copy of this judgment to the Panchayat as also to the Ombudsman for information. P.R.RAMAN, Ag. CHIEF JUSTICE C.N.RAMACHANDRAN NAIR, JUDGE nj.