IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 24912 of 2009(H)
1. U.V.THOMAS, SON OF VARKEY,
... Petitioner
Vs
1. U.V.MARTIN, SON OF VARGHESE,
... Respondent
2. M.N.SASIDHARAN, CHAIRMAN,
3. THE SECRETARY,
4. SAJAN FRANCIS, PADIKKAL HOUSE,
5. THE OMBUDSMAN FOR LOCAL SELF GOVERNMENT
For Petitioner :SRI.T.K.VENUGOPALAN
For Respondent : No Appearance
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
Dated :28/08/2009
O R D E R
THOTTATHIL B. RADHAKRISHNAN, J.
= = = = = = = = = = = = = = = = = = = = = = = =
W.P.(C).No.24912 of 2009-H
= = = = = = = = = = = = = = = = = = = = = = = =
Dated this the 28th day of August, 2009.
JUDGMENT
The petitioner challenges a decision of a
municipality in relation to acquisition of a
piece of land for a bus stand. The plea was
that the land was originally acquired for a
cattle market, however that, it was later
proposed to be put to use for the bus stand. That
challenge failed before the learned Ombudsman for
Local Self Government Institutions who found that
the municipality’s proposal to establish a bus
stand in the 1.71 acres acquired earlier for
providing a cattle market stood with the approval
of the Government and was covered by proper
resolution of the municipality. It was also
noticed that a civil suit was pending in the
Munsiff’s Court, Chalakkudy. The learned
Ombudsman issued the impugned Ext.P7 order on
WP(C)24912/09 -: 2 :-
10.11.2008. The Secretary of the Office of the
learned ombudsman is seen to have issued copy of
the order on 20.11.2008. At this distance of
time, on 28.8.2009, I do not find any ground for
this Court to extend its discretionary
jurisdiction under Article 226 of the
Constitution of India, to entertain a challenge
against Ext.P7 which does not visit the
petitioner with any adverse civil consequences.
The writ petition fails. The same is accordingly
dismissed.
THOTTATHIL B. RADHAKRISHNAN,
JUDGE.
Sha/170909