IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 26TH JUNE 2008 / 5TH ASHADHA 1930 W.P.(C).No. 19192 of 2008(I) ----------------------------------- PETITIONER: --------------- OUSEPH, AGED 49, S/O.KURIAKOSE, KURIAPURAM HOUSE, IRINGOLE KARA, PERUMBAVOOR VILLAGE, KUNNATHUNADU TALUK. BY ADV. SRI.V.RAJENDRAN (PERUMBAVOOR) SRI.GEORGE VARGHESE KIZHAKKAMBALAM RESPONDENTS: ----------------- 1. STATE OF KERALA, REP. BY PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF LOCAL ADMINISTRATION, SECRETARIAT, TRIVANDRUM. 2. RAYAMANGALAM GRAMA PANCHAYATH, REP. BY ITS SECRETARY, PANCHAYATH OFFICE, RAYAMANGALAM.P.O, PERUMBAVOOR. 3. KRISHNAN NAIR, S/O. PARAMESWARAN, CHALLAL HOUSE, IRINGOLE KARA, PERUMBAVOOR VILLAGE. 4. OMBUDSMAN FOR LOCAL SELF GOVERNMENT INSTITUTION, REP. BY ITS SECRETARY, TRIVANDRUM. BY BY GOVT. PLEADER, SMT. K.R. DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = W.P.(C) No. 19192 OF 2008 - I = = = = = = = = = = = = = = = Dated this the 26th June 2008 J U D G M E N T The challenge in this writ petition is against Ext. P10 by which the 4th respondent has allowed the 3rd respondent to remove the obstruction to the flow of water, with the co-operation and assistance of the Panchayat. Petitioner submits that the order will be misused and that although Ext. P10 did not warrant, still police assistance has been sought for by the Panchayat as per Ext. P11. Petitioner also submits that the thodu is already repaired by the Panchayat and there is no necessity for any repair at this stage. 2. In my view, Ext. P10 order cannot be subjected to judicial scrutiny as it is not a final order. That apart, what the petitioner complains is about the possibility of the order being misused by harassing him with police assistance. 3. If at all the petitioner is aggrieved by Ext. P10, the course open to the petitioner is to seek necessary modification or W.P.(C) No. 19192 OF 2008 -2- clarification by approaching the Ombudsman itself before whom the proceedings are still pending. With that liberty and leaving open the contentions raised I dispose of this writ petition. ANTONY DOMINIC JUDGE jan/-