Remanded

C.N.Mohandas v. the Ombudsman for Local Self Govt.Instit

Kerala HC3 Apr 2018WP(C)/4033/2007

Case brief

AI extract

What is this about?

The Court set aside an Ombudsman order directing entrustment of a Community Hall to the Panchayat, ruling it lay outside Ombudsman jurisdiction. The matter was remanded to the Department of Scheduled Tribes to decide management within three months.

What did the court decide?

Impugned order set aside; matter remanded to Department of Scheduled Tribes to decide management within three months; status quo maintained.

C.N.Mohandas Vs the Ombudsman for Local Self… — Writ and Judicial Review | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

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TUESDAY, THE 3RD DAY OF APRIL 2018 / 13TH CHAITHRA, 1940

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WP(C).No. 4033 of 2007

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PETITIONER(S)

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C.N.MOHANDAS,AGED 49,S/O.NARAYANAN, CHEMBANAL HOUSE, KOOTTICKAL,, KUTTIPLANGADU P.O., IDUKKI,, SECRETARY, AKHILA, THIRUVITHANKOOR MALA ARAYA MAHASABHA BRANCH NO.11, KUTTIPLANGADU P.O.,, KOOTTICKAL, PIN-686 514.

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BY ADV.SRI.LIJI.J.VADAKEDOM

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RESPONDENT(S):

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1. THE OMBUDSMAN FOR LOCAL SELF GOVT. INSTITUTIONS, REPRESENTED BY SECRETARY,, OFFICE OF THE OMBUDSMAN FOR LOCAL SELF GOVERNMENT,, THIRUVANANTHAPURAM.

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2. K.A.PADMANABHAN, KELAVARAYIL VEEDU, KUTTIPLANGADU P.O.,, KOOTTICKAL,IDUKKI.

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3. K.B.HARIDAS,

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KAIPPAMPLACKAL VEEDU, KUTTIPLANGODU P.O.,, KOOTTICKAL,IDUKKI.

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4. PRESIDENT, KOKKAYAR GRAMA PANCHAYATH,, KUTTIPLANGODU P.O., IDUKKI.

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5. THE SECRETARY, KOKKAYAR GRAMA PANCHAYAT,, KUTTIPLANGODU P.O., IDUKKI.

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6. DEVAKI, IXTH WARD MEMBER, KOKKAYAR GRAMA PANCHAYAT,, KUTTIPLANGODU P.O., IDUKKI.

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7. K.K.MADHAVAN,

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KODUNGAYIL VEEDU, KUTTIPLANGODU P.O.,, KOOTTICKAL, IDUKKI.

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*** ADDL.R8 IMPLEADED THE STATE OF KERALA ,REPRESENTED BY THE SECRETARY TO FOREST DEPARTMENT, SECRETARIATE, THIRUVANANTHAPURAM IS IMPLEADED AS PER ORDER DATED 8.2.2007 IN IA.2066/2007.**

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R2,R3 & R7 BY ADV. SRI.A.K.HARIDAS

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R4 TO R6 BY ADV. SRI.K.JAJU BABU

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R8 BY SENIOR GOVERNMENT PLEADER SRI.B.VINOD

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03-04-2018, ALONG WITH WPC.NO.7287/2007,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 4033 of 2007 (E)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1 TRUE COPY OF THE PETITION IN O.S.NO.215/2006 BEFORE THE OMBUDSMAN. EXHIBIT P2 TRUE COPY OF THE WRITTEN STATEMENT FILED BY THIS PETITIONER/RESPONDENT IN O.P.NO.215/2006 BEFORE THE OMBUDSMAN. EXHIBIT P3 TRUE COPY OF THE LETTER ISSUED FROM THE KOKKAYAR GRAMA PANCHAYAT DATED 11.7.2006. EXHIBIT P4 CERTIFIED COPY OF THE ORDER OF THE OMBUDSMAN DATED 01.11.2006 IN O.P.NO.215/2006.

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RESPONDENT(S)'EXHIBITS - NIL

/TRUE COPY/

PS TO JUDGE

21.04.2018

A.MUHAMED MUSTAQUE, J.

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**********************************************************************

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W.P.(C) Nos.4033 & 7287 of 2007

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**********************************************************************

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Dated this the 3^rd day of April, 2018

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JUDGMENT

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The Government of Kerala constructed a Community Hall

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for use and welfare of Tribals, who are inhabited within

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Kokkayar Grama Panchayath. The Tribals appear to have

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formed an Association called Akhila Thiruvithankoor Mala Araya

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Mahasabha (for short, 'Sabha'). The petitioner in W.P.(C)

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No.4033 of 2007 is the Secretary of the Sabha. According to

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the petitioner in W.P.(C) No.4033 of 2007, the Forest Department entrusted the Community Hall to the Sabha and he

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is managing the affairs of the Sabha.

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Sri.K.A. Padmanabhan, the petitioner in W.P.(C)

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No.7287 of 2007, approached the Forest Authorities including

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Ombudsman for the Local Self Government Institutions alleging

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W.P.(C) Nos.4033 & 7287 of 2007 2

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that he is the President of Ayika Mala Araya Mahasabha and

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management of the Community Hall should be entrusted with

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the Local Panchayath based on Ext.P2 Government Order. By

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Ext.P2 Government Order, the Government ordered to constitute

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a committee comprising President of the Grama Panchayath is

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the Chairman. Based on the complaint of the writ petitioner in

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W.P.(C) No.7287 of 2007, the Ombudsman passed an order

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directing to entrust the Community Hall with the Panchayath. This order is under challenge in W.P.(C) No.4033 of 2007. W.P.

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Ombudsman. Both writ petitions have heard together.

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The Community Hall was constructed by the

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Government. The writ petitioner in W.P.(C) No.4033 of 2007 has

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a case that the said construction was made for the benefit of the

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W.P.(C) Nos.4033 & 7287 of 2007 3

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community in view of the fact that the community members had

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parted away timber to the Government and utilized the same in

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connection with the local temple. Anyhow, as seen from the Government Order dated 16.12.1999, the Government has given

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clear indication as to the manner in which the affairs of the Community Hall has to be streamlined. The Government also through the Forest Department issued another order dated 11.02.2011 produced in Ext.R2(a) in W.P.(C) No.7287 of 2007 as

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to the manner in which the rent in respect of the Community Hall has to be collected. Anyhow, the Ombudsman could not have interfered in this matter as it is nothing to do with the

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affairs of the local bodies. On that ground alone, the order impugned in W.P.(C) No.4033 of 2007 has to be set aside.

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Accordingly, it is set aside.

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W.P.(C) Nos.4033 & 7287 of 2007 4

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However, the petitioner in W.P.(C) No.7287 of 2007

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had approached many authorities on behalf of the Tribals. His

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prayer in the writ petition itself for handing over possession of the Community Hall to the Ayika Mala Araya Mahasabha through the Divisional Forest Officer, the second respondent.

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This Court is of the view that the Government of

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Kerala, Department of Scheduled Tribes shall take appropriate decision in-consultation with the Forest Department as to the manner in which the Community Hall has to be managed after hearing the writ petitioners in both the writ petitions. It is open

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for the Department to entrust the management of the Community Hall either with any of the petitioners or with the Local Panchayath. Appropriate decision shall be taken to protect

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the interest of the Tribals and also to protect the interest of the

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W.P.(C) Nos.4033 & 7287 of 2007 5

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Government within a period of three months after issuing notice

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to the petitioners as well as hearing the officials of the Forest

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Department. Status quo will continue till a decision is taken in

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the matter.

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The writ petitions are disposed of as above.

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Sd/-

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A.MUHAMED MUSTAQUE, JUDGE

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C.N.Mohandas v. the Ombudsman for Local Self Govt.Instit

Case brief

What is this about?

What did the court decide?

C.N.Mohandas v. the Ombudsman for Local Self Govt.Instit

Case brief

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What the court decided

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