USHAKUMARI Vs. SEETHARAMAN

JUDGEMENT

(1.) Can the Ombudsman for Local Self Government Institutions (for short, the Ombudsman) keep a democratically elected Panchayat Committee under suspended animation and appoint a Receiver to administer it

(2.) Such an extra ordinary order passed by the Ombudsman is impugned in this Original Petition by the President of Sreemoolanagaram Grama Panchayat. Circumstances leading to the order have been stated in the Original Petition rather too elaborately. However, for the purpose of deciding the crucial question, only a brief reference to the essential facts is necessary.

(3.) There have been complaints galore about excavation of earth, mud, clay etc. from agricultural lands in the State. It is used for manufacture of bricks and other allied products. Various organisations comprising of agriculturists, environmentalists etc. had been clamouring for appropriate action against the so called indiscriminate excavation of earth from paddy fields and other agricultural lands. The issue was raised before this Court also by an organisation called Association for Environment Protection, Aluva, Ernakulam district. In the judgment dated October 19, 2001 in O.P.No.34220/2000, a Division Bench of this Court had issued certain directions to the Collectors and Revenue Divisional Officers of the districts concerned to ensure that there is no indiscriminate digging up of paddy lands and other lands in the concerned district and ensure that directions to be issued by this Court are strictly implemented. The following direction issued by the Division Bench is more relevant in this case.