The Court quashed the Ombudsman's order directing demolition of the petitioner's unauthorised construction, which was passed without an opportunity of hearing, and remanded the matter for fresh orders after a hearing.
Ext.P3 quashed; matter remanded to Ombudsman to pass orders afresh after hearing the petitioner within three months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE SMT. JUSTICE P.V.ASHA
MONDAY, THE 26TH DAY OF OCTOBER 2015/4TH KARTHIKA, 1937
WP(C).No. 13287 of 2015 (I)
PETITIONER:
USHASKUMAR, AGED 35 YEARS S/O SURENDRAN, USHAS BHAVAN, KOTTUKAL DESOM PAYATHUVILA P.O., NEYYATTINKARA.
BY ADV. SRI.G.SUDHEER
RESPONDENTS:
1. KOTTUKAL GRAMA PANCHAYAT REPRESENTED BY ITS SECRETARY, KOTTUKAL P.O. THIRUVANANTHAPURAM-695001.
2. OVERSEER KOTTUKAL GRAMA PANCHAYAT, KOTTUKAL P.O. THIRUVANANTHAPURAM-695001.
3. P.N.YASODARA, S.G.BHAVAN, UCHAKADA, PAYATTUVILA P.O. THIRUVANANTHAPURAM-695001.
R1 BY ADV. SRI.B.S.SWATHY KUMAR R1 BY ADV. SRI.REMYA MURALI R1 BY ADV. SRI.VENKATESH GOPI R1 BY ADV. SMT.T.RESHMA R3 BY ADV. SRI.S.MOHAMMED AL RAFI
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: RKC
WP(C).No. 13287 of 2015 (I)
APPENDIX
PETITIONER'S EXHIBITS
EXHIBIT P1: TRUE COPY OF THE CONSENT LETTER ISSUED BY THE IST RESPONDENT TO THE PETITIONER.
EXHIBIT P2: TRUE COPY OF THE APPROVED PLAN FOR THE BUILDING OF PETITIONER ISSUED BY THE IST RESPONDENT.
EXHIBIT P3: TRUE COPY OF THE ORDER IN COMPLAINT NO.1512/2014 OF THE HONOURABLE OMBUDSMAN FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM.
3RD RESPONDENT'S EXHIBITS
R3(A): COPY OF THE REPORT PREPARED BY THE OVERSEER OBTAINED UNDER RIGHT TO INFORMATION ACT
R3(B): COPY OF THE REPORT PREPARED BY THE OVERSEER OBTAINED UNDER RIGHT TO INFORMATION ACT
RKC
TRUE COPY
PA TO JUDGE
P.V.ASHA, J.
W.P.(C) No.13287 of 2015
Dated this the 26th day of October, 2015
JUDGMENT
The petitioner has filed this writ petition challenging Ext.P3 order passed by the Ombudsman for Local Self Government Institutions in complaint No.1514 of 2014, on the ground that a direction has been issued to the 1st respondent-Grama Panchayat to demolish the unauthorised construction which was the subject matter of the complaint within a period of three months. The unauthorised construction referred to therein belongs to the petitioner and the order-Ext.P3 is passed without notice or affording an opportunity of hearing to the petitioner. According to the petitioner the said construction is in accordance with the rules.
W.P.(C) No.13287 of 2015
circumstances of the case, it is only just and proper that the Ombudsman pass fresh orders after hearing the petitioner herein also.
Hence, for the limited purpose of affording an opportunity of hearing to the petitioner, I quash Ext.P3 and remit the matter to the Ombudsman, who shall pass orders afresh, after hearing the petitioner herein. The orders shall be passed within a period of three months from the date of receipt of a copy of this judgment. The petitioner will be free to submit his objections before the Ombudsman, if any, along with the copies of the judgment and that of the writ petition.
The writ petition is disposed of accordingly.
P.V.ASHA,
JUDGE.
rkc
1 issue framed by the court
Whether the order of the Ombudsman directing demolition of unauthorised construction ought to be quashed and remanded for a fresh hearing.
Ushaskumar
Kottukal Grama Panchayat
Overseer Kottukal Grama Panchayat
P.N. Yasodara
P.V. Asha
As recorded by the court registry
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