The High Court of Kerala dismissed a writ petition challenging an Ombudsman's order regarding misuse of funds and potential disqualification. The Court found nothing to interfere with the impugned order and dismissed the petition.
The writ petition is dismissed as there is nothing to interfere with the impugned order of the Ombudsman.
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 MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 29TH DAY OF NOVEMBER 2022 / 8TH AGRAHAYANA,
1944
WP(C) NO. 1505 OF 2012
PETITIONER/S:
GFEETHA S.
AGED 41 YEARS
CDS CHAIRPRESON, PANDALAM THEKKEKARA GRAMA
PACHAYATH, PATHANAMTHITTA, RESIDING AT MALAVIKA,
MANKUZHY WARD, PANDALAM, THEKKEKARA VILLAGE,
ADOOR TALUK, PATHANAMTHITTA.
BY ADVS.
SRI.K.S.SIVA KUMAR
SRI.C.B.SREEKUMAR
RESPONDENT/S:
1 DISTRICT COLLECTORPATHANAMTHITTA,PIN-6896452 DEPUTY TAHSILDAR ADOOR (RETURNING OFFICER CDS ELECTION, KUDUMBASSREE, PATHANAMTHITTA),PIN-6896453 THE SECRETARY DISTRICT PANCHAYATH, PATHANAMTHITTA (RETURNING OFFICER(GENERAL) KUDUMBASREE, PATHANMTHITTA),PIN-6896454 DISTRICT MISSION CO-ORDINATOR KUDUMBASREE, COLLECTORATE, PATHANMTHITTA,PIN6896455 SECRETARY PANDALAMA THEKKEKARA GRAMA PANCHAYATH, PATHAMTHITTA,PIN-6896456 FORMER VEO KUDUMBASREE CHARGE OFFICER PANDALAM THEKKEKARA GRAMA PANCHAYATH, PATHANAMTHITTA,PIN-689645-2-
W.P.(C). No. 1505 of 2012
7 K. THANKAPPAN FORMER PRESIDENT, PANDALAM THEKKEKARA GRAMA PANCHAYATH,PATHANAMTHITTA,PIN-6896458K.NARAYANAN
ARYATTU VEEDU THATTAYIL.P.O., ADOOR,
PATHANAMTHITTA,PIN-689645
BY ADVS.
GOVERNMENT PLEADER
ANANDA RAJAN.N
JOHN MATHEW
OTHER PRESENT:
0
SRI.K.M.FAISAL, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 29.11.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C). No. 1505 of 2012
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W.P.(C). No. 1505 of 2012
P.V.KUNHIKRISHNAN, J.
W.P.(C) No. 1505 of 2012
Dated this the 29th day of November, 2022
JUDGMENT
The above writ petition is filed with following prayers:
“i) To call for the records relating to the project which led to the passing of Exhibit P4 order and to set aside Exhibit P4 order of the Hon'ble Ombudsman for Local Self Government Institutions, Thiruvananthapuram, finding that the petitioner and the 6th respondent have mixed educational trip with religious trip and unfortunately religious trip cannot be at the expenses of the government and directed to reimburse atleast 50% of the amount and directed the petitioner and 6th respondent who are respondents 1 & 2 in the O.P. to deposit an amount of Rs. 15,000/- to the Panchayath jointly or separately or by collecting it from the persons who accompanied them;
ii) issue a writ of mandamus or such other appropriate writ, order or direction directing the respondents 1 to 4 not to set aside the election of the petitioner as Secretary of the Ayalkoottam and not to terminate the petitioner as Secretary of the ADS and not to prevent her from participating in the CDS election notified to be held on 24.01.2012;
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W.P.(C). No. 1505 of 2012
iii) issue a writ of mandamus or such other appropriate writ, order or direction directing the respondents 1 to 4 to permit the petitioner to in the CDS election notified to be held on 24.01.2012;
iv) declare that Exhibit. P4 order is not at all a ground to set aside the election of the petitioner to the Ayalkoottam and ADS and the petitioner is entitled to participate in the CDS election notified to be held on 24.01.2012;
v) Issue such other and further reliefs which the Petitioners may seek from time to time and this Hon'ble Court may deem fit in the facts and circumstances of the case.” (sic)
Society (CDS) Chairperson of Pandalam Thekkekara Grama Panchayath Elections to the three tier system of Kudumbasree units i.e., Ayalkoottam, ADS & CDS. The election was scheduled as per Exhibit.P1 Notification dated 08.12.2011 issued by the 1st respondent. The 3rd respondent is the Returning Officer (General) and the 2nd respondent is the Returning Officer, Elections to the CDS, Pandalam Thekkekara Grama
W.P.(C). No. 1505 of 2012
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Panchayath. The 8th respondent filed O.P. No. 885 of 2011 before the Ombudsman for Local Self Government Institutions, Thiruvananthapuram, alleging that the petitioner and 6th respondent, in the guise of an educational trip led by them visited religious places and therefore misappropriated the government funds. In the above O.P. the petitioner and respondents 5, 6 & 7 are the respondents. The allegation in the petition is that the petitioner along with the 2nd respondent conducted an educational trip for training in production, distribution and storage of agricultural produces. Under the guise of the educational trip, the party led by the petitioner and
6th respondent visited religious places and thereby misappropriated the funds allotted by the Pandalam Thekkekara Panchayath for that purpose. The Ombudsman disposed O.P. No. 885 of 2011 as per Ext.P4 order directing the petitioner and 6th respondent to reimburse atleast 50% of the amount and
W.P.(C). No. 1505 of 2012
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directed the petitioner and 6th respondent, who are respondents 1 & 2 in the O.P., to deposit an amount of Rs 15,000/- to the Panchayath jointly or separately or by collecting it from the persons who accompanied them. The above order is under challenge.
after considering the available materials, concluded that the
petitioner is also responsible and hence directed to pay an amount of Rs.15,000/-. The writ petition is filed when the petitioner was apprehending disqualification from the post of Chairman, CDS. The writ petition is pending from 2012 onwards. Probably the period of the petitioner as the Chairman, CDS might have been expired. A perusal of Ext.P4 order would show that there is nothing to interfere with the same. The
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Ombudsman, after considering all the relevant aspects, passed Ext.P4 order. There is nothing to interfere with the impugned order by invoking the powers under Article 226 of the Constitution of India. Therefore, this writ petition fails. Accordingly, writ petition is dismissed.
P.V.KUNHIKRISHNAN JUDGE
das
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W.P.(C). No. 1505 of 2012
APPENDIX OF WP(C) 1505/2012
PETITIONER EXHIBITS
Exhibit P1PHOTOCOPY OF THE NOTIFICATION DATED
08.12.11 ISSUED BY THE 4TH RESPONDENT.
Exhibit P2PHOTOCOPY OF THE MINUTES OF THE
ELECTION MEETING OF AYALKOOTTAM
Exhibit P3PHOTOCOPY OF THE MINUTES OF THE ADS
ELECTION MEETING.
Exhibit P4PHOTOCOPY OF THE ORDER 08.12.2011 OF
THE HON'BLE OMBUDSMAN FOR LOCAL
GOVERNMENT INSTITUTIONS,
THIRUVANANTHAPURAM.
2 issues framed by the court
Whether the writ petition challenging the Ombudsman's order directing reimbursement of funds and potential disqualification requires interference.
Whether there is any material in the impugned order that warrants invoking the powers under Article 226 of the Constitution of India.
Gfeetha S.
District Collector, Pathanamthitta
Former Veo Kudumbasree Charge Officer Pandalam Thekkekara Grama Panchayath
P.V. Kunhikrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court