IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 1970 of 2008()
1. T.SASIDHARAN, PARAMBATHPARAMBIL VEEDU,
... Petitioner
2. T. JAYARAJAN, JASNA, 1/3361 B,
Vs
1. THE SECRETARY, KOZHIKODE CORPORATION,
... Respondent
2. THE HEALTH OFFICER,
3. OMBUDSMAN FOR LOCAL SELF GOVERNMENT
4. THE REGIONAL JOINT DIRECTOR OF URBAN
For Petitioner :SRI.PHILIP ANTONY CHACKO
For Respondent :SRI.K.D.BABU,SC,KOZHIKODE CORPORATION
The Hon'ble the Chief Justice MR.H.L.DATTU
The Hon'ble MR. Justice A.K.BASHEER
Dated :29/10/2008
O R D E R
H.L.DATTU, C.J. & A.K.BASHEER, J.
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W.A.No.1970 of 2008
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Dated, this the 29th day of October, 2008
JUDGMENT
H.L.Dattu, C.J.
This writ appeal is directed against the orders passed by the
learned Single Judge in W.P.(C) No.29266 of 2007 dated 11th June, 2008.
(2) The appellants in this writ appeal are respondents 1 and
2 in W.P.(C) No.29266 of 2007 filed by the Corporation of Kozhikode
(‘the Corporation’ for short).
(3) In W.P.(C) No.29266 of 2007, the Corporation had
called in question the orders passed by the Ombudsman for Local Self
Government Institutions, Thiruvananthapuram (Exts.P14 and P26) on the
ground that the said orders are contrary to the orders and directions issued
by this Court while disposing of W.P.(C) No.17508 of 2005.
(4) The learned Single Judge after carefully perusing the
orders passed in W.P.(C) No.17508 of 2005 has come to a positive
conclusion that the orders passed by the Ombudsman are contrary to the
orders and directions issued by this Court in W.P.(C) No.17508 of 2005.
Therefore, in our opinion, the learned Judge has rightly allowed the writ
petition filed by the Corporation and has set aside Exts.P14 and P26
orders passed by the Ombudsman for Local Self Government Institutions.
(5) We have also perused the orders passed by this Court in
W.A.No.1970 of 2008
2
W.P.(C) No.17508 of 2005 and also the orders passed by the Ombudsman
for Local Self Government Institutions.
(6) A perusal of the aforesaid orders would clearly indicate
that the orders passed by the Ombudsman are totally contrary to the orders
and directions issued by this Court in W.P.(C) No.17508 of 2005. In our
opinion, the Ombudsman ought not to have passed those orders which are
contrary to the orders and directions issued by this Court.
(7) In that view of the matter, the learned Single Judge was
fully justified in allowing the writ petition filed by the Corporation and
setting aside Exts.P14 and P26 orders passed by the Ombudsman for Local
Self Government Institutions.
(8) Therefore, we do not see any error in the orders passed
by the learned Single Judge which would call for our interference in
appeal. Accordingly, the writ appeal requires to be rejected and it is
rejected.
Ordered accordingly.
(H.L.DATTU)
CHIEF JUSTICE
(A.K.BASHEER)
JUDGE
vns