Ombudsman jurisdiction barred for matters pending in civil court and stale complaints beyond statutory limitation

The Tamil Nadu Local Bodies Ombudsman Act, 2014 confines the Ombudsman to complaints of corruption or maladministration and, under section 10, excludes matters already pending before a court and complaints filed after five years from the date of occurrence. Because the dispute concerned title and the validity of a gift deed already subject to a pending civil suit, the Ombudsman could not assume jurisdiction over the same subject matter. The complaint was also time-barred, as the gift deed was of 2013 and the complaint was lodged in 2019. The impugned direction was therefore unsustainable and contrary to the statutory bar and limitation.

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Issues: Whether the Ombudsman had jurisdiction to enquire into the complaint and issue directions when the subject matter was already pending before the civil court, and whether the complaint was barred by limitation under the statute.

Analysis: The statutory scheme of the Tamil Nadu Local Bodies Ombudsman Act, 2014 confines the Ombudsman to complaints concerning corruption or maladministration and empowers enquiry only within the limits prescribed by the Act. Section 10 specifically excludes matters pending before a court and also bars complaints filed after five years from the date of occurrence. Since the very subject matter of the complaint, namely title and the validity of the gift deed, was already seized by the civil court in a pending suit, the Ombudsman could not assume jurisdiction over the same issue. The alleged gift deed was of 2013, while the complaint was lodged in 2019, placing it beyond the five-year limitation period as well.

Conclusion: The Ombudsman lacked jurisdiction to entertain and decide the complaint, and the impugned order was unsustainable as being contrary to the statutory bar and limitation.

Ratio Decidendi: Where a special statute expressly excludes enquiry into matters pending before a court and bars stale complaints beyond the prescribed period, the Ombudsman cannot direct cancellation of documents or consequential revenue changes in respect of the same subject matter.

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