IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 9TH JUNE 2009 / 19TH JYAISHTA 1931 WP(C).No. 14082 of 2005(B) --------------------------------------- PETITIONER(S): ---------------------- KADALUNDI GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, KADALUNDI, KOZHIKODE. BY ADV.MR.P.V.KUNHIKRISHNAN RESPONDENT(S): -------------------------- 1. OMBUDSMAN LOCAL SELF GOVERNMENT INSTITUTIONS, REP. BY THE SECRETARY THIRUVANANTHAPURAM, REP.BY THE SECRETARY 2. M.K. MOIDEEN KOYA, SECRETARY, CHALIYAM DEVELOPMENT ORGANISATION, P.O. CHALIYAM, KOZHIKODE. 3. V.K. ALI KOYA, VADAKKTH HOUSE, CHALIYAM, KAITHAVALAPPU KOZHIKODE. 4. DISTRICT COLLECTOR, KOZHIKODE. 5. KERALA LOK AYUKTA, REP. BY THE SECRETARY, TRIVANDRUM, REP.BY THE SECRETARY 6. K. PURUSHOTHAMAN, KONATH HOUSE, POST-MANNUR, KOZHIKODE, (SECRETARY TRANSMISSION MANAGEMENT COMMITTEE CHALIYAM). BY ADVS. MR.JACOB SEBASTIAN FOR R3 MR.P.B.SAHASRANAMAN FOR R6 MR.M.NISHIL FOR R6 MR.T.S.HARIKUMAR FOR R6 SMT.V.RENJU FOR R2 GOVERNMENT PLEADER SMT.K.R.DEEPA FOR R1 & 2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.14082/2005 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE MINUTES OF THE PANCHAYATH COMMITTEE DT. 22.6.04. P2:- COPY OF THE ORDER IN OP. 545/2004 DT. 18.8.04 HONOURABLE OMBUDSMAN. P3:- COPY OF THE REPRESENTATION SUBMITTED BY THE 3RD RESPONDENT TO THE PETITIONER DT.L 21.8.04. P4:- COPY OF THE ORDER DT. 23.8.04 IN COMPLAINT NO.892/04 OF THE KERALA LOK AYUKTA. P5:- COPY OF THE DECISION DT. 14.9.04 OF THE PANCHAYATH COMMITTEE. P6:- COPY OF THE ORDER DT. 30.11.04 IN COMPLAINTS NO.892/04 OF THE KERALA LOK AYUKTA. TRUE COPY P.A. TO JUDGE TSS THOTTATHIL B RADHAKRISHNAN, J ........................................... WP(C).NO. 14082 OF 2005 ............................................ DATED THIS THE 9th DAY OF JUNE, 2009 JUDGMENT A water tap was installed for the purpose of a Camp meant to manage the situation in connection with the Marad incident. Thereafter on 23.8.2004, the Lok Ayuktha had recommended to the petitioner panchayat to take a decision as to the appropriate location of the water tap pursuant to the direction given by the Collector. That arose because there was conflict of opinion regarding the utilization of that water point after the Camp became unnecessary. Following this, the petitioner gave effect to that order and handed over the control of that water point to the Transmission Management Committee as per Ext.P5. As a matter of fact, even before Ext.P4 decision of the Lok Ayuktha on 23.8.2004, the Ombudsman of Local Self Government institutions had issued Ext.P2 order on 18.8.2004 directing that the water point be retained, in the property of the third respondent, where it was originally installed and that the third respondent shall pay charges due for such installation. The petitioner panchayat is in a WP(C)14082/2005 2 fix following the aforesaid confusion. This has led to this writ petition. 2. With the aforesaid facts, the controversy has to rest. As of now, the panchayat has acted on the decision of the Lok Ayuktha and has passed on the control of the water point to the Secretary of the Transmission Management Committee. Evidently, this was as directed by the Collector. Therefore ends of justice require that Ext.P2 order of the Ombudsman is not permitted to continue. For that reason, Ext.P2 decision is quashed. Writ petition is allowed accordingly. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/10/6