G.GOPAL Vs. OMBUDSMAN TAMILNADU LOCAL BODIES

JUDGEMENT

(1.) This Writ Petition has been filed to to quash the impugned Order dtd. 27/9/2022 passed by the first respondent on the Complaint No.48/Ma/2022 filed by the third respondent.

(2.) The impugned Order has been passed on the basis of the complaint preferred by one Velmurugan alleging certain allegations against the staff of the local panchayat in not taking any steps to preserve the properties which were originally gifted to the Panchayat. On the basis of the complaint, the Ombudsman, the first respondent herein, has passed the impugned Order directing the second respondent to take action to cancel the document registered among the family members of the petitioner in respect of the land originally gifted to the Panchayat. In an earlier occasion, similar Order has been passed by the first respondent, which has been quashed by this Court in W.P.No.30708 of 2019 on the ground that no opportunity, whatsoever, is given to the Writ Petitioner. Taking note of the violation of principles of natural justice, that said Order came to be set aside by an Order dtd. 7/2/2022 with a direction to the first respondent to give proper notice to the Writ Petitioner and pass Orders. Taking note of the direction, onceagain similar direction has been passed by the first respondent. Challenging the same, the present Writ Petition has been filed mainly on the ground that the Ombudsman has no jurisdiction to entertain such a complaint and give a direction to take action to cancel the document and also to change the revenue records.

(3.) In the counter, it is stated by the first respondent that Sec. 12 of the Tamilnadu Local Bodies Ombudsman Act 2014 empowers the Ombudsman to dispose of the complaint forwarded for criminal offences. Accordingly, it is their contention in the counter that as the allegation is pertaining to the officials, who have not preserved the properties, the complaint has been given and the first respondent conducted enquiry and Order has been passed.