Sujatha Suresh vs State Of Kerala Rep. By The ...

Citation : 2022 Latest Caselaw 7969 Ker
Judgement Date : 29 June, 2022

Kerala High Court
Sujatha Suresh vs State Of Kerala Rep. By The ... on 29 June, 2022
WP(C) NO. 2272 OF 2022             1



                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     WEDNESDAY, THE 29TH DAY OF JUNE 2022 / 8TH ASHADHA, 1944
                          WP(C) NO. 2272 OF 2022
PETITIONER/S:

               SUJATHA SURESH
               AGED 47 YEARS
               W/O SURESH, ADUMARI HOUSE, ELLUMANDAM P.O,
               MANANTHAVADI, WAYANAD DT, PIN - 670645

               BY ADVS.
               M.MUHAMMED SHAFI
               T.RASINI



RESPONDENT/S:

      1        STATE OF KERALA REP. BY THE PRINCIPAL SECRETARY,
               LOCAL SELF GOVRNMENT DEPARTMENT
               SECRETARIATE, THIRUVANANTHAPURAM, PIN - 695001

      2        THE STATE KUDUMBASREE MISSION
               REP. BY THE EXECUTIVE DIRECTOR,THIRUVANANTHAPURAM,
               PIN - 695011

      3        MEMBER SECRETARY
               COMMUNITY DEVELOPMEMT SOCIETY, KUDUMBASREE, EDAVAKA
               GRAMA PANCHAYAT ,WAYANAD DT, PIN - 670645

      4        DISTRICT ELECTION OFFICER,
               (EXECUTIVE ENGINEER,KARAPPUZHA IRRIGATION PROJECT),
               KUDUMBASREE ELECTIONS,WAYANAD DT, PIN - 670645

      5        THE DISTRICT COLLECTOR,
               CIVIL STATION, KALPETTA, WAYANAD DT, PIN - 673020

      6        THE RETURNING OFFICER
               COMMUNITY DEVELOPMENT SOCIETY,KUDUMBASREE, EDAVAKA
 WP(C) NO. 2272 OF 2022            2


               GRAMA PANCHAYAT, MANATHAVADI,WAYANAD DT, PIN - 670645

      7        REENA JOHNY
               W/O JOHNY,CHANGALIKAVIL HOUSE, ELLUMANDAM P.O,
               WAYANAD DT, PIN - 670645

      8        BINDU RAMAKRISHNAN
               W/O RAMAKRISHNAN, KOTTARAMKUNN HOUSE,ELLUMANDAM P.O,
               WAYANAD DT, PIN - 670645

      9        INDIRA
               W/O SURENDRAN,JIJILA NIVAS,MANGALADI,ELLUMANDAM P.O,
               WAYANAD DT, PIN - 670645

      10       THE ELECTION OFFICER
               AREA DEVELOPMENT SOCIETY, KUDUMBASREE, WARD 3,
               EDAVAKA GRAMA PANCHAYAT, WAYANAD DT, PIN - 670645

               BY SMT.K.R.DEEPA, SPL.GP (LSGI)


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 2272 OF 2022                  3




                         P.V.KUNHIKRISHNAN, J
                   --------------------------------------------
                        W.P.(C) No.2272 of 2022
                      --------------------------------------
                  Dated this the 29th day of June, 2022


                                   JUDGMENT

The above writ petition is filed with following prayers :

(i) "To issue a Writ of mandamus or any other writ, order, or direction directing the respondents No.4 to 6 to consider and dispose of Exhibit P1 Appeal /representation filed by the petitioner with in a time frame as may be prescribed this hon'ble court and before the conduct of election to the CDS of Edavaka Grama Panchayath.

(ii) To issue a Writ of mandamus or any other writ, order, or direction directing the respondents No.4 to 6 to conduct the election to ward No. 3 ADS of Edavaka Grama Panchayath afresh by deputing a competent officer in accordance with in the Bye Law.

(iii) To declare that the election of respondents No. 7 to 9 and the panel led by them in the ADS of Ward 3 is illegal and that they are not entitled to represent the ADS in the CDS election to be held on 25-01-2022. And

(iv) To grant such other reliefs in favour of the petitioner WP(C) NO. 2272 OF 2022 4 as this Hon'ble Court may deem fit to grant." [SIC]

2. When this writ petition came up for consideration on 21.1.2022, this Court passed the following order :

"Learned Government Pleader takes notice. There shall be an interim direction to the sixth respondent to consider and pass orders on Ext.P1 before CDS election."

3. In light of the same, there is nothing survives in this case.

Therefore, recording the order dated 21.1.2022, this writ petition is closed.

SD/-

P.V.KUNHIKRISHNAN JUDGE SKS WP(C) NO. 2272 OF 2022 5 APPENDIX OF WP(C) 2272/2022 PETITIONER EXHIBITS Exhibit1 TRUE COPY OF THE APPEAL/REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 6TH RESPONDENT Exhibit2 TRUE COPY OF THE RELEVANT PAGES OF THE BYE LAW