IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 24TH DAY OF MARCH 2023 / 3RD CHAITHRA, 1945
WP(C) NO. 9880 OF 2023
PETITIONERS:
1 BABU P. KURIAKOSE
AGED 64 YEARS
S/O LATE KURIAKOSE, PALLATHUKUDY HOUSE,
ADIMALY P.O, IDUKKI DISTRICT, PIN - 685561
2 SIYAD SULAIMAN
AGED 46 YEARS
S/O SULAIMAN, KOOTTOLA HOUSE,
IRUMPUPALAM, VALARA P.O,
IDUKKI DISTRICT, PIN - 685561
3 T.S. SIDHIK
AGED 48 YEARS
THEKKUMCHERIYIL HOUSE, ADIMALY P.O,
IDUKKI DISTRICT, PIN - 685561
4 MANISH NARAYAN
AGED 41 YEARS
S/O NARAYANAN, ULLOLIL HOUSE,
CHATTUPARA, ADIMALY, PIN - 685561
5 BABU K.J
AGED 58 YEARS, S/O K.C. JOSEPH,
KONNACKAL HOUSE, OZHUVATHADAM,
PADIKAPPU P,O, ADIMALY., PIN - 685561
6 JINCY MATHEW
AGED 30 YEARS
W/O MATHEW, KOLLICKAL HOUSE,
200 ACRE, ADIMALY, PIN - 685561
7
ANUS IBRAHIM, AGED 36 YEARS
S/O IBRAHIM, IDAKANDATHIL HOUSE,
ADIMALY, PIN - 685561
8 LINCY PAILY, AGED 50 YEARS
D/O PAILY, THOOKKANATHIL,
PAZHAMPILLY CHAAL, PADICAPPU P.O,
ADIMALY, PIN - 685561
9 DEEPA RAJEEV
AGED 33 YEARS, W/O RAJEEV,
KULAMANKUDI,VALARA P.O, PIN - 685561
WP(C) No.9880 of 2023
:2 :
10 V.T.SANTHOSH
AGED 46 YEARS, S/O THAMBI,
VETTITHARAPARAMBIL, 10TH MILE,
VALARA P.O, PIN - 685561
11 SOUMYA ANIL
AGED 35 YEARS, W/O ANIL,
THATTAYATHUKUDY, CHILLITHODU,
IRUMBUPALAM, VALARA P.O, PIN - 685561
BY ADV BABU PAUL
RESPONDENTS:
1 THE SECRETARY, ADIMALY BLOCK PANCHAYAT
(AUTHORIZED OFFICER) BLOCK PANCHAYAT OFFICE,
ADIMALY, IDUKKI (DIST)., PIN - 685531
2 THE SUB INSPECTOR OF POLICE
ADIMALY POLICE STATION, ADIMALY,
IDUUKI, PIN - 685561
3 THE CIRCLE INSPECTOR OF POLICE
ADIMALY POLICE STATION ADIMALY,
IDUKKI DIST, PIN - 685561
4 THE DISTRICT POLICE CHIEF
PAINAVU, IDUKKI -685603.
5 C.D. SHAJI
AGED 40 YEARS, S/O DAMODHARAN,
CHENGAZHACHERRY HOUSE, ADIMALY, PIN - 685531
6 SANITHA SHAJI
AGED 23 YEARS
D/O SAJI, EZHARATH HOUSE,
MANNANKALA, ADIMALY P.O.,
IDUKKI (DIST), PIN - 685561
7 MARY THOMAS
AGED 43 YEARS
D/O THOMAS,
PUTHIYAPARAMBIL,
14TH MILE, IRUMPUPALAM, PIN - 685561
8 RUBI SAJI
W/O SAJI, KALAPPURA HOUSE,
MACHIPLAVU P.O,
ADIMALY, PIN - 685561
BY SRI.E.C.BINEESH, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 24.03.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) No.9880 of 2023
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JUDGMENT
Dated this the 24th day of March, 2023 The petitioners are the elected members of the Adimaly Grama Panchayat. On 10.03.2023, the petitioners filed an application under Section 157 of the Kerala Panchayat Raj Act to move a No-Confidence Motion against the President of the Adimaly Grama Panchayat, before the 1 st respondent who is the Authorised Officer appointed by the State Election Commission under Section 157(2) of the Act. Accordingly, the 1st respondent scheduled a meeting to discuss the No-Confidence Motion to 25.03.2023. However, there is open challenge and threat from the ruling party members and political parties. The petitioners have filed application before the police for protection to their life and property which has not been responded to. WP(C) No.9880 of 2023 :4 :
2. Government Pleader entered appearance and submitted that since the issue has been brought to the notice of respondents 2 to 4, the respondents will be deploying sufficient number of police personnel to maintain law and order, as is found necessary.
3. I have heard the learned counsel for the petitioners, and the learned Government Pleader representing respondents 1 to 4. Though notice was served on respondents 5 to 8 by special messenger, respondents 5 to 8 are not represented.
4. Taking into consideration the fact that a No-Confidence Motion is being presented on 25.03.2023 and there is a likelihood of law and order issues, it will be only in the fitness of things that respondents 2 to 4 deploy sufficient number of police personnel for maintaining law and order in the Grama Panchayat office premises.
The writ petition is therefore disposed of directing respondents 2 to 4 to ensure that sufficient number of police personnel are deployed in the Grama Panchyat office premises to ensure that there is no law and order issues on WP(C) No.9880 of 2023 :5 : 25.03.2023, during the No-Confidence Motion.
Sd/-
N. NAGARESH JUDGE sss WP(C) No.9880 of 2023 :6 : APPENDIX OF WP(C) 9880/2023 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE NO CONFIDENCE MOTION DT. 10/03/2023.
EXHIBIT P2 TRUE COPY OF THE NOTICE DT. 14/03/2023 RECEIVED BY THE 1ST PETITIONER.
EXHIBIT P3 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT.
EXHIBIT P4 THE TRUE COPY OF THE COMPLAINT FILED BY
THE PETITIONERS BEFORE THE 4TH
RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE APPLICATION
DT.17/03/2023 FILED BEFORE THE 1ST RESPONDENT.
EXHIBIT P6 TTRUE COPY OF THE APPLICATION DT.17/03/2023 FIELD BEFORE THE 2ND RESPONDENT.
EXHIBIT P7 TRUE COPY OF THE APPLICATION DT.17/03/2023 FILED BEFORE THE 4TH RESPONDENT.
EXHIBIT P8 TRUE COPY OF THE APPLICATION DT.17/03/2023 FILED BEFORE THE 1ST RESPONDENT.
EXHIBIT P9 TRUE COPY OF THE INTERIM ORDER DT.
02/06/2022 IN W.P.{C} NO.17838/2022.