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TMI Blog2017 (3) TMI 1915X X X X Extracts X X X X X X X X Extracts X X X X ..... ntesting respondent, learned counsel appearing for the petitioner as well as learned Government Pleader and with their consent, we are disposing of this matter at this stage itself. 2. It appears that the father of the writ petitioner and 5th respondent left behind certain properties, part of which was given to one or the other family member and part of it was allegedly intended to be kept in the state of joint owners. Amongst co-sharers, there were some disputes which lead to the institution of O.S. No. 2199/2015 before the Munsiff's Court, Thiruvananthapuram by 5th respondent in which the petitioner is a defendant. In the Suit the plaintiff had obtained an injunction restraining the defendant, i.e. the writ petitioner, from changing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ection (1) thereof comments that the Lok Ayukta or Upa Lok Ayukta would submit a report in writing to the appropriate authority with their recommendation. Thus, it is only an advisory order but, not a peremptory order that could be issued. 5. We have considered the arguments of learned counsel appearing on both sides. The learned counsel for the 5th respondent, who was also the contesting respondent before the Upa Lok Ayukta and who is plaintiff in the Suit, has very fairly conceded that the complaint as filed by the writ petitioner could not be entertained by the Upa Lok Ayukta in the facts and circumstances of the case. Thus, the petitioner and the contesting respondent are ad idem on this issue, which, in our view, is the correct positi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... giving Lok Ayukta the right to override orders statutorily passed by statutory authorities. This would include Civil Court of competent jurisdiction. Thus, in our opinion, the complaint ought not to have been entertained by the Lok Ayukta. That being the position, the proceedings before the Lok Ayukta were wholly without jurisdiction and consequentially the orders passed therein cannot be held to be legal, valid and binding. 7. In view of the aforesaid, the writ petitioner seeks liberty to withdraw the complaint (Ext. P2) made before the Lok Ayukta in order to move Civil Court or such other competent authority as the petitioner may be advised. Leave is granted. Accordingly, the complaint filed before the Lok Ayukta would thus stand withdra ..... X X X X Extracts X X X X X X X X Extracts X X X X
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