High Court Kerala High Court

Aikkaranad Grama Panchayath vs Ombudsman For Local Self … on 10 June, 2010

Kerala High Court
Aikkaranad Grama Panchayath vs Ombudsman For Local Self … on 10 June, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 7742 of 2010(P)


1. AIKKARANAD GRAMA PANCHAYATH,
                      ...  Petitioner

                        Vs



1. OMBUDSMAN FOR LOCAL SELF GOVERNMENT
                       ...       Respondent

2. STATE OF KERALA REPRESENTED BY

3. K.P.KURIAKOSE,

                For Petitioner  :SRI.M.PAUL VARGHESE

                For Respondent  :SRI.SAJEEV KUMAR K.GOPAL

The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR

 Dated :10/06/2010

 O R D E R
                T.R. RAMACHANDRAN NAIR, J.
                ~~~~~~~~~~~~~~~~~~~~~~~~~~~
                  W.P.(C). No.7742/2010-P
                ~~~~~~~~~~~~~~~~~~~~~~~~~~~
            Dated this the 10th day of June, 2010

                      J U D G M E N T

The writ petition was dismissed as withdrawn on

08/06/2010. The matter was reposted on the request made by

the learned counsel appearing for the third respondent.

Therefore, after hearing the parties, the Judgment is

recalled.

2. The learned counsel for the petitioner submitted

that Ext.P8 order passed by the learned Ombudsman was

stayed by this Court as per interim order dated 10/03/2010

and, during the pendency of the interim order, the

maintenance work in respect of Pangode-Vennikkulam Harijan

Colony road has already been completed. This was reported

to the learned Ombudsman and a complaint pending before the

said authority has already been closed leaving open the

remedy of the third respondent to agitate the matter in

accordance with law. It is therefore submitted that since

the entire work is over and as the impugned order has

worked out, the petitioner is withdrawing the writ

petition.

3. The learned counsel for the third respondent

submitted that the withdrawal of the writ petition may not

W.P.(C). No.7742/2010
-:2:-

stand in the way of the third respondent moving appropriate

authorities. It is clarified that the dismissal of the

writ petition will be without prejudice to the right of the

third respondent to agitate any matter as permissible under

law. Therefore, the writ petition is dismissed as

withdrawn. No costs.

Sd/-

(T.R. Ramachandran Nair, Judge.)

ms
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