IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 29TH AUGUST 2008 / 7TH BHADRA 1930 WP(C).No. 2202 of 2004(K) ------------------------------------ PETITIONER: ------------------- T.THANKARAJAN, PRESIDENT, KARODUI GRAMA PANCHAYAT, KARODU P.O., THIRUVANANTHAPURAM. BY ADV. SRI.N.NANDAKUMARA MENON (SR.) SRI.P.K.MANOJKUMAR RESPONDENTS: ------------------------ 1. PONNUMONI, KONATHUVILA VEEDU, KARODU P.O., NEYYATTINKARA, THIRUVANANTHAPURAM. 2. NOOHU, SECRETARY, KARODU GRAMA PANCHAYATH, KARODU P.O., NEYYATTINKARA, THIRUVANANTHAPURAM. 3. GLADY GRACY, 14TH WARD MEMBER, KARODU GRAMA PANCHAYATH, KARODU, THIRUVANANTHAPURAM. 4. RABI, J.M.BHAVAN, MUTTAVILA VEEDU, KULATHOOR, UCHAKADA P.O., THIRUVANANTHAPURAM 5. THE HONOURABLE OMBUDSMAN FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM. 6. THE KERALA STATE ELECTION COMMISSION, REPRESENTED BY ITS SECRETARY, CORPORATION OFFICE BUILDING COMPLEX, L.M.S. JUNCTION, THIRUVANANTHAPURAM-33 ADV. SRI.MURALI PURUSHOTHAMAN, SC,K.S.E.COMM FOR R6 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO. APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE OBJECTION DT. 27.2.2003 SUBMITTED BY THE 4TH RESPONDENT TO THE SECRETARY, KARODU GRAMA PANCHAYATH, KARODU. EXT.P2:- COPY OF THE MINUTES OF THE COMMITTEE MEETING OF THE PANCHAYAT HELD ON 14.3.2003. EXT.P3:- COPY OF THE DECISION OF THE PANCHAYAT COMMITTEE HELD ON 24.3.2003. EXT.P4:- COPY OF THE COMMUNICATION NO.A1-244/03 DT. 26.3.2003, ISSUED BY THE PRESIDENT, KARODU GRAMA PANCHAYAT TO THE SIT RESPONDENT. EXT.P5:- COPY OF THE ORIGINAL PETITION DT. 5.5.2003 FILED BY THE IST RESPONDENT BEFORE THE OMBUDSMAN, TRIVANDRUM. EXT.P6:- COPY OF THE NOTICE DT. 21.7.2003 ISSUED BY THE SECRETARY, OMBUDSMAN, TRIVANDRUM TO THE SECRETARY, KARODU GRAMA PANCHAYAT. EXT.P7:- COPY OF THE NOTICE OP. NO.185/03 & CMP. NO.49/03 DT. 23.10.03, ISSUED BY THE SECRETARY OMBUDSMAN, TRIVANDRUM TO THE IST RESPONDENT. EXT.P8:- COPY OF THE ORDER DT. 3.11.03 IN O. NO.185/03 PASSED BY THE OMBUDSMAN, THIRUVANANTHAPURAM. EXT.P9:- COPY OF THE LETTER DT. 14.11.03 ISSUED BY THE AGRICULTURAL OFFICER TO THE SECRETARY, KARODU GRAMA PANCHAYAT, KARODU. EXT.P10:- COPY OF THE COMMUNICATION NO.A1-244/02 DT. 4.11.03 ISSUED BY THE SECRETARY, KARODU GRMA PANCHAYAT TO THE IST RESPONDENT. EXT.P11:- COPY OF THE COMMUNICATION DT. 4.11.03 ISSUED BY THE M.JOSEPH L.D.C. TO THE IST RESPONDENT SEND BY THE REGISTERED POST WITH A/D. EXT.P12:- COPY OF THE LETTER NO.A1-244/02 DT. 4.11.03 ISSUED BY THE SPECIAL GRADE SECRETARY KARODU GRMA PANCHAYAT TO THE AGRICULTURAL OFFICER, KARODU. EXT.P13:- COPY OF THE REPRESENTATION NO.A1-244/02 DT. 17.11.03 SUBMITTED BY THE PRESIDENT KARODU GRMA PANCHAYAT TO THE OMBUDSMAN, TRIVANDRUM. EXT.P14:- COPY OF THE REVIEW APPLICATION DT. 3.12.03 SUBMITTED BY THE 2ND RESPONDENT TO THE OMBUDSMAN THIRUVANANTHAPURAM. EXT.P15:- COPY OF THE ORDER DT. 9.12.03 IN RP. NO.31/03 IN ORIGINAL PETITION NO.185/03 PASSED BY THE OMBUDSMAN, THIRUVANANTHAPURAM. EXT.P16:- COPY OF THE ORIGINAL PETITION FILED BY THE 3RD RESPONDENT TO THE ELECTION COMMISSION DT. 29.12.03. EXT.P17:- COPY OF THE NOTICE NO.P.O.275/03 DT. 5.1.04 ISSUED BY THE SECRETARY , KERALA ELECTION COMMISSION , TRIVANDRUM TO THE PETITIONER. /TRUE COPY/ P.A. TO JUDGE KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C) No.2202 of 2004 ---------------------------------------------- Dated 29th August, 2008. J U D G M E N T Ext.P8 order passed by the 5th respondent is under challenge. As per the said order, the petitioner has been found personally liable for the maladministration of the Panchayat and hence direction was issued to the Election Commission to take the follow up action. The facts as stated in the writ petition are as follows :- “The petitioner is the President of the Karodu Grama Panchayat at Trivandrum. As per a scheme called 'Kerala Vikasana Padhathi' a list of beneficiaries was prepared by the Grama Sabha for Ward No.16 of Karodu Grama Panchayat for extending the benefit of subsidy of Rs.5000/- for the purchase of Pump set and for digging wells. The draft list of beneficiaries prepared by the Panchayat Committee on the basis of the Selection made by the Grama Sabha was objected to by the 4th respondent stating that he also should have been included in the list of beneficiaries. The said objection was forwarded to the Steering Committee and the Steering committee submitted a report to the Panchayat Committee recommending the name of the 4th respondent since he is in possession of 40 cents of Agricultural land whereas the 1st petitioner has only 20.5 cents of land which includes some buildings and structures. On an assessment of comparative merit the Panchayat Committee decided to include the name of the 4th respondent in the place of the petitioner in the list of beneficiaries. The above action of the Panchayat Committee was challenged by the petitioner before the Ombudsman by filing Ext.P5 petition. The only relief sought for by the 1st respondent before the Ombudsman was for a direction to extend to the first respondent the benefit of the Scheme.” It is fairly clear from the factual matrix as stated above that the WP NO.2202/04 2 direction issued to the Election Commission was not required in the circumstances that too, without notice to the petitioner. Therefore, Ext.P8 order to the extent of direction issued to the Election Commission is quashed. The writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- W.P.(C) No.2202 of 2004 ---------------------------------------------- J U D G M E N T Dated 29th August, 2008.