T S SHINESON Vs. DISTRICT COLLECTOR, ERNAKULAM

JUDGEMENT

(1.) The petitioner is aggrieved by the inaction on the part of the 6th Elankunnapuzha Grama Panchayat in not complying with the directions issued by the Ombudsman for Local Self Government Institutions, issued as per Ext.P-5, as early as 28.12.2009. The prayers in this Writ Petition (Civil) are as follows:

(2.) Heard Sri.J.Jayakumar, learned counsel appearing for the petitioner and Smt.A.C.Vidhya, learned Govt. Pleader appearing for official respondents 1 to 5 & 8. Though the contesting respondent No.6 (Panchayat) and R-7 have been duly served, they have not entered appearance. The 8th respondent Ombudsman is a statutory quasi judicial Tribunal and therefore is not a necessary party.

(3.) According to the petitioner, he is a resident of the 6th respondent Grama Panchayat and that the 7th respondent Church has encroached into a Panchayat road. That the petitioner is living in the vicinity of the encroached property and was constrained to approach the Ombudsman and had filed Ext.P-1 complaint dated 15.7.2009 before the 6th respondent Grama Panchayat praying for directions to ensure the removal of the said encroachment. That since no positive action was forthcoming from the 6th respondent Grama Panchayat, the petitioner has also filed Ext.P-2 complaint in this regard before the 1st respondent District Collector, Ernakulam. Since no positive action was forthcoming on the above complaints, the petitioner was thereafter constrained to file Ext.P-3 complaint dated 17.7.2009 before the 2nd respondent Revenue Divisional Officer. Thereafter, the petitioner was constrained to submit Ext.P-4 complaint dated 11.11.2009 before the 8th respondent Ombudsman for Local Self Government Institutions constituted under the provisions of the Kerala Panchayat Raj Act, 1994, praying for effective directions from that forum. The said complaint of the petitioner as per Ext.P-4 was registered and numbered as O.P.No.1633/2009. It is stated by the petitioner that the 6th respondent Elankunnapuzha Grama Panchayat had entered appearance before ,the Ombudsman and had stated that, as per the report of the village officer, that land is vested in puramboke land abutting the Panchayat road and that necessary action is to be initiated for removal of the said encroachment. The Ombudsman thereafter had passed Ext.P-5 order dated 20.8.2011, which reads as follows: