JYOTHI T P Vs. RATNAKARAN

JUDGEMENT

(1.) This writ petition is filed by the petitioner seeking to quash Ext.P3 order passed by the Ombudsman for Local Self Government Institutions in O.P.No.1189/2013 dated 14.08.2013, by which certain directions were issued to the Secretary of the 2nd respondent Grama Panchayat in order to separate the boundaries by and between he properties of the petitioner and the 1st respondent with the assistance of the Village Officer, and for further consequential actions. Material facts for the disposal of the writ petition are as follows:

(2.) The writ petitioner is the owner of the property having an extent of 6 cents situate in Resurvey No.4418/4 of Kalliassery amsom of Kannur Taluk. According to the petitioner, petitioner has reconstructed an old house situated in the said property after securing building permit from the Secretary of the Grama Panchayat. Since the 1st respondent is having property abutting the western side of the petitioner's property, petitioner has constructed the house without removing any soil from the property. The construction activities of the petitioner have also not affected the lateral support of the 1st respondent's property. However, 1st respondent has been making complaints before various authorities, but no action was initiated against the petitioner, having found that the complaints are frivolous.

(3.) It was thereupon that the 1st respondent approached the Ombudsman, alleging that the petitioner has removed soil from the property, due to which, there is likelihood of landslide and also it will affect the house of the 1st respondent. Petitioner has entered appearance and filed detailed objection to the complaint and also explaining the facts and circumstances. That apart, it was pointed out that there is a boundary dispute pending between the parties and the boundary is yet to be fixed. The property of the petitioner is lying in two levels and the property lying in the higher level abuts the defendant's property and it remains as it is.