CHANDRAKUMAR Vs. OMBUDSMAN FOR LOCAL SELF GOVERNMENT INSTITUTIONS

JUDGEMENT

(1.) Petitioner challenges orders issued by the Ombudsman for Local Self Government Institutions in Complaint No.486/2019 and also seeks for a direction to dismiss the said complaint. A declaration has also been sought that the first respondent has no jurisdiction to entertain the complaint of the second respondent or to issue orders in the nature of those impugned in this writ petition.

(2.) Petitioner claims to have succeeded to one cent of property of his father, over which a house is situated. Alleging that petitioner has not constructed a soak pit and is discharging septic waste into the property of the second respondent, a complaint was filed before the Ombudsman, pointing out that, despite complaints to the Panchayat, no action has been initiated.

(3.) Even though the Panchayat Secretary filed a statement before the Ombudsman that earlier, petitioner's father used to discharge waste into the second respondent's property, at present, there was no such nuisance still, by Ext.P4 order, the Ombudsman directed the Panchayat Secretary to inspect the property and to give instructions to install a sewage treatment facility in the petitioner's property and also directed to ensure that the nuisance is abated. After the petitioner's father died, petitioner was impleaded in the proceedings before the Ombudsman. Thereafter, on 26/6/2023, the Ombudsman was informed by the Secretary that a notice had been issued to the petitioner abate the nuisance. However, after observing that issuance of a notice by the Secretary is not sufficient and instead, the waste treatment facility itself must be installed, the Ombudsman directed the parties to be heard Secretary and to initiate action to compel such installation, failing which it was threatened that the salary of the Secretary shall be withheld. Various orders have also been issued by the Ombudsman on 11/10/2022 and 17- 04.-2023 in a bid to abate the alleged nuisance being caused to the second respondent.