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TMI Blog2023 (2) TMI 1341X X X X Extracts X X X X X X X X Extracts X X X X ..... l Bodies Ombudsman Act, 2014 makes it clear that Ombudsman shall not enquire into the matters in respect of any matter pending before the Court or any complaint filed after the expiry of five years from the date on which the occurrence is said to have taken place. It is relevant to note that the complainant before the Ombudsman is one Velmurugan, who is none other than the 12th defendant in the suit in O.S.No.120 of 2015, which has been renumbered as O.S.No.134 of 2022 and the same is pending before the Sub Court, Tiruvottiyur. When the Civil Court has already seized the matter in respect of the same issue, particularly, title over the property, in respect of which the Gift Deed has been executed and the suit is pending as on the date of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent registered among the family members of the petitioner in respect of the land originally gifted to the Panchayat. In an earlier occasion, similar Order has been passed by the first respondent, which has been quashed by this Court in W.P.No.30708 of 2019 on the ground that no opportunity, whatsoever, is given to the Writ Petitioner. Taking note of the violation of principles of natural justice, that said Order came to be set aside by an Order dated 07.02.2022 with a direction to the first respondent to give proper notice to the Writ Petitioner and pass Orders. Taking note of the direction, once again similar direction has been passed by the first respondent. Challenging the same, the present Writ Petition has been filed mainly on the grou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unsel appearing for the respondent submitted that the Tamilnadu Local Bodies Ombudsman Act 2014 empowers Ombudsman to go into the question of alleged corruption incidental thereto and proper enquiry has been conducted subsequent to the direction of this Court and Orders have been passed. Hence, the Ombudsman has got ample power to entertain the complaint. 6. I have perused entire records. As the very crux of the matter is the jurisdiction of the Ombudsman, it is relevant to extract the object of the the Tamilnadu Local Bodies Ombudsman Act 2014 for better appreciation of the facts, which reads as follows : An Act to provide for the establishment of Ombudsman for conducting enquiry on the allegations against the elected members of the local ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y with regard to the officers and elected members, Ombudsman can entertain the complaint and conduct enquiry. 8. It is also relevant to refer Section 10 of the Tamil Nadu Local Bodies Ombudsman Act, 2014 which reads as follows : 10. (1) Notwithstanding anything contained in this Act, the Government may refer any allegation of corruption or maladministration against a local body or a public servant which is within their knowledge or brought to their notice, to the Ombudsman and the Ombudsman shall enquire into it as if it was a complaint filed under this Act. (2) The Ombudsman may, on receipt of a complaint, examine the complaint and supporting documentary proof and where there is prima facie case, he/she may enquire into it. (3) The Ombudsm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... none other than the 12th defendant in the suit in O.S.No.120 of 2015, which has been renumbered as O.S.No.134 of 2022 and the same is pending before the Sub Court, Tiruvottiyur. When the Civil Court has already seized the matter in respect of the same issue, particularly, title over the property, in respect of which the Gift Deed has been executed and the suit is pending as on the date of the complaint, as per Section 10 [2] of the Tamil Nadu Local Bodies Ombudsman Act, 2014, Ombudsman could not have enquired such a complaint. Besides, the alleged Gift Deed is executed in the year 2013. Whereas, the complaint has been filed in the year 2019, which is also beyond the period of 5 years and the same is barred by limitation as per Section 10 [ ..... X X X X Extracts X X X X X X X X Extracts X X X X
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