Sasidharan and K.P. Ambika vs Beypur Grama Panchayat, M. Gopinathan Nair and Ombudaman for Local Self Government

P.N. Ravindran, J.—The petitioners are running an oil mill within the local limits of the first respondent Panchayat. It appears that on a complaint filed by the second respondent, the Secretary of the first respondent Panchayat issued Ext.P5 notice dated 12.7.2010 directing the petitioners not to run their unit after 6 p.m. They were cautioned that if they violate the said direction, their unit will be closed down. Aggrieved thereby, the petitioners submitted Ext.P6 representation before the Secretary of the Panchayat, wherein they requested the Secretary of the Grama Panchayat to re-consider the order, after hearing both sides. In that representation, the petitioners stated that after receipt of Ext.P5, they are not running the oil mill after 6 p.m. Thereafter, the petitioners filed a complaint before the Honourable Ombudsman for Local Self Government Institutions, wherein also they canvassed the correctness of Ext.P5. After notice to and hearing the petitioners and respondents 1 and 2, the Honourable Ombudsman for Local Self Government Institutions passed Ext.P8 order whereby the Secretary of the Grama Panchayat was directed to take a final decision in the matter after hearing both sides. However, the Honourable Ombudsman observed that the petitioners had given an undertaking to the effect that will not operate the oil mill between 6 p.m. and 7 a.m. Exts.P5 and P8 are under challenge in this writ petition.

When the writ petition came up for hearing on 8.9.2010, this Court directed the Secretary of the first respondent Grama Panchayat to produce the undertaking, if any, given by the petitioners to the effect that they will not operate the oil mill between 6 p.m. and 7 a.m. When the writ petition came up for hearing today, the learned Counsel for the first respondent submitted that the petitioners have not given any such undertaking and the only undertaking given by them is one contained in Ext.P6, wherein they have stated that after receipt of Ext.P5, they are not running the oil mill after 6 p.m. In such circumstances, as Ext.P5 is only an interim order and for the past nearly three months, the petitioners are not running the unit after 6 p.m., I am of the opinion that the Secretary should take a final decision in the matter at the earliest.

I accordingly dispose of the writ petition with a direction to the Secretary of the first respondent Grama Panchayat to take a final decision on the complaint filed by the second respondent expeditiously and in any event, within two weeks from the date of production of a copy of this judgment. Till such time, the petitioners shall not operate the oil mill between 6 p.m. and 7 a.m.