TaxTMI 
TaxTMI 
2023 (2) TMI 1341
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....ns against the staff of the local panchayat in not taking any steps to preserve the properties which were originally gifted to the Panchayat. On the basis of the complaint, the Ombudsman, the first respondent herein, has passed the impugned Order directing the second respondent to take action to cancel the document 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 ....
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.... the erstwhile owner. The concerned local body has also been made as the eighth defendant in the suit. Hence, the Ombudsman has no jurisdiction to entertain the complaint, besides the complaint is exfacie barred by limitation. Hence, the entire Order of the Ombudsman is without jurisdiction. 5. Whereas, the learned counsel 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....
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.... of the local body, order recovery of such loss from those who are responsible for such irregularity; (c) where the irregularity is due to wilful negligence or dereliction of duty of any officer or employee of the local body, recommend for departmental action by the appropriate authority under the relevant rules." On the basis of the written complaint from the Government or the third party 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 corrupt....
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....ules made thereunder, have power to regulate its procedure by fixing the time and place of sitting. Sub Clause 2 [b] of Section 10 of Tamil Nadu Local 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. 9. 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 resp....