IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE WEDNESDAY, THE 2ND APRIL 2008 / 13TH CHAITHRA 1930 WP(C).No. 2869 of 2008(N) ------------------------- PETITIONER: ------------ 1. K.SASIDHARAN, MEMBER, STANDING COMMITTEE ON DEVELOPMENT, SOORANAD SOUTH GRAMA PANCHAYATH, SOORANAD, KOLLAM. 2. R.RADHAKRISHNAN NAIR, MEMBER, STANDING COMMITTEE ON DEVELOPMENT SOORANAD SOUTH GRAMA PANCHAYATH, SOORANAD, KOLLAM. BY ADV. SRI.P.C.SASIDHARAN RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY, LOCAL SELF GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE PRESIDENT, SOORANAD SOUTH GRAMA PANCHAYATH, SOORANAD, KOLLAM. 3. SUBHASH.S., MEMBER, SOORANAD SOUTH GRAMA PANCHAYATH, SOORANAD, KOLLAM. BY ADV. SRI.R.MURALEEDHARAN PILLAI FOR R3, SRI P.V.LONACHAN GOVERNMENT PLEADER SRI K.J.MOHD.ANZAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE, J. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ W.P.(C).No.2869/2008-N ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Dated this the 2nd day of April, 2008 J U D G M E N T Even though several grounds have been raised in this writ petition, wherein Ext.P4 order of the Government is under challenge, two points were highlighted by Mr.P.C.Sasidharan, learned counsel for the petitioners in his submission. First is that the Government has passed Ext.P4 without notice to the petitioners, who are being affected by Ext.P4. The second is that the Government has issued Ext.P4 in purported exercise of powers under Section 191 of the Panchayat Raj Act, which powers can be exercised by the Government only after getting the opinion of the Ombudsman or the Tribunal as the case may be. The Government Pleader would submit that under Section 191 of the Panchayat Raj Act, it is not obligatory that the Government should consider the opinion of the Ombudsman or the Tribunal. The provision is only directory and not mandatory. The learned counsel for the third respondent, Sri P.V.Lonachan, would submit that the third respondent has no objection in the WP(C) No.2869/2008-N -:2:- Government hearing the petitioners and seeking the opinion of the Tribunal or the Ombudsman and passing fresh orders. 2. Considering the rival submissions, I am of the view that the writ petition itself can be disposed of in the following terms:- Ext.P4 is quashed. The first respondent is directed to pass fresh orders after issuing notice to the petitioners and after getting opinion of the Ombudsman. Government shall do everything that is necessary from the Government's side for complying the above directions at the earliest. The Government will refer, inter alia, the question as to whether the resolution sought to be cancelled in this case can be cancelled by the Government under Section 191 of the Panchayat Raj Act, to the Ombudsman. PIUS C.KURIAKOSE, Judge ms