THRIKKAKKARA GRAMA PANCHAYAT Vs. OMBUDSMAN FOR LOCAL SELF GOVERNMENT; MARY XAVIER; P X JAMES; STELLA PAILY AND ORS

JUDGEMENT

(1.) Introduction:

(2.) The petitioner Municipality, a Grama Panchayat in its earlier version (but referred to all through as Municipality), with its best of intentions has brought itself into a litigious quagmire, for which it has to blame itself partially, though. It has taken a policy decision that there should not be allotment of more than one shop room to one family. When the learned Ombudsman, the first respondent, rendered an order to the contrary, it has not laid immediate challenge; the Municipality's laxity seems to have led to a multiplicity of proceedings and also further complication of the issue.

(3.) Briefly stated, the Municipality, being then a Grama Panchayat, on 23.09.2006 decided to construct a shopping complex on the property belonging to the Public Works Department of the State. It has, in fact, obtained all the necessary permissions and approvals as is evident from Ext. P2.