Kerala High Court
K.M. Sinoj Kumar vs State Of Kerala on 17 July, 2025
W.A.No.1516 of 2025 1 2025:KER:52535
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE SUSHRUT ARVIND DHARMADHIKARI
&
THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.
TH
THURSDAY, THE 17
DAY OF JULY 2025 / 26TH ASHADHA,
1947
WA NO. 1516 OF 2025
AGAINST THE ORDER DATED IN WP(C) NO.21675 OF 2025
OF HIGH COURT OF KERALA
APPELLANTS/PETITIONERS:
1
.M. SINOJ KUMAR
K
AGED 43 YEARS
S/O. MANIAN, RESIDING AT KALATHIPARAMBIL HOUSE,
PUTHUVYPU P.O, ERNAKULAM DISTRICT, PIN - 682508
2
HIHAB PALLIKAL
S
AGED 44 YEARS
S/O. ABDUL RAHMAN, RESIDING AT PALLIKKAL HOUSE,
VENGOLA P.O, ERNAKULAM DISTRICT, PIN - 683556
3
OSE NICHOLAS
J
AGED 52 YEARS
S/O. NICHOLAS, RESIDING AT ARTHIYIL PUTHUVAL
PURAAYIDOM, MAIANAD, PUTHUKURICHY P.O,
THIRUVANANTHAPURAM, PIN - 695303
4
ARRISON H.P
H
AGED 45 YEARS
S/O. HERRICK S.P, RESIDING AT VAYALLIL BHAVAN,
1/529, THUMBA, ST. XAVIERS COLLEGE P.O,
KAZHAKOOTTAM, THIRUVANANTHAPURAM, PIN - 695586
5
BINI THOMAS
W.A.No.1516 of 2025 2 2025:KER:52535
GED 51 YEARS
A
W/O. M. THOMASKUTTY, KAITHAPUZHA, PYARIMA, ST.
JUDE NAGAR, ALUMMOOD P.O, MUKHATHALA, KOLLAM,
PIN - 691577
6
INOY E.T
B
AGED 46 YEARS
S/O UNNIKRISHNAN KARUMALA P.O, SIVAPURAM,
KOZHIKODE, PIN - 673612
7
IYAS R
R
AGED 37 YEARS
RESIDING AT DARUSSALAM, PANAPPETTY, PORUVAZHY,
SASTHAMCOTTA, KOLLAM, PIN - 690520
8
AIJU AUGUSTIN
L
AGED 42 YEARS
S/O AUGUSTIN ERULY (H), AYYAMPUZHA P.O
KOLLAKKODE, TRIVANDRUM, PIN - 683581
9
J JAMES
K
AGED 52 YEARS
S/O. JACOB RESIDING AT KARIKKAL HOUSE,
MAILATTY,PANATHADY, PANATHOOR P.O., KASARGOD, PIN -
671532
10
AJITH V
R
AGED 49 YEARS
S/O NARAYANAN. RESIDING AT KANDAMBETH VEEDU,
NARATHU P.O KANNUR, PIN - 670601
11
ANTHOSH AV,
S
AGED 44 YEARS
S/O VARGHESE RESIDING AT ARUMANA HOUSE,
SANKARAMPADY P.O KASARGOD, PIN - 671541
12
RAMESAN
K
AGED 62 YEARS
S/O NARAYANAN NAIR RESIDING AT KIZHAKKAYIL
HOUSE, EDAKULAM P.O KOZHIKODE, PIN - 673306
W.A.No.1516 of 2025 3 2025:KER:52535
13
.S ABIN
R
AGED 41 YEARS
S/O G RAMCHANDRAN RESIDING AT AMARAVATI (H),
MAYYANAD P.O KOLLAM, PIN - 691303
14
.K. NADHAN
V
AGED 27 YEARS
S/O TRIVIKRAMAN RESIDING AT KANDATHIL ANUGRAHA,
KARUVATTA P.O. HARIPPAD, ALAPPUZHA DISTRICT, PIN
- 690517
15
IMMILAL S S
S
AGED 55 YEARS
S/O SREEVALSAN. N RESIDING AT SIVADEEPAM,
KOTTAKERAM, PARIPPALLY P.P, KOTTAKERAM, KOLLAM,
PIN - 691574
16
INOD VARGHESE
V
AGED 45 YEARS
S/O VARGHESE RESIDING AT VETTAMTHADATHIL (H),
NAYIKEYAM, ATTAYAKKANAM P.O, KASARGOD DISTRICT,
PIN - 671531
17
AJEEVAN
S
AGED 49 YEARS
S/O GOVINDANKUTTY RESIDING AT NADUVILLEMAKKATTU (H)
NADUVANNUR P.O, KOZHIKODE, PIN - 673614
18
K MUHAMMED KUNJI
E
AGED 54 YEARS
S/O MOIDEEN RESIDING AT SAHANAS MANZIL, SEETHANGOLI
EDANAD P.O.., KASARGOD, PIN - 671321
Y ADVS.
B
SHRI.ANOOP V.NAIR
SMT.TANOOSHA PAUL
SMT.AYSHA ABRAHAM
SHRI.ATHUL P.
RESPONDENTS/RESPONDENTS:
W.A.No.1516 of 2025 4 2025:KER:52535 1 TATE OF KERALA S REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 HE PRINCIPAL SECRETARY T LOCAL SELF GOVT. DEPARTMENT, GOVERNMENT SECRETARIATE, THIRUVANANTHAPURAM, PIN - 695001 3 HE STATE ELECTION COMMISSION T REPRESENTED BY ITS COMMISSIONER, OFFICE OF THE STATE ELECTION COMMISSION, CORPORATION OFFICE COMPLEX, LMS JUNCTION, PALAYAM, THIRUVANANTHAPURAM, PIN - 695033 4 HE STATE DELIMITATION COMMISSION T REPRESENTED BY THE CHAIRMAN, OFFICE OF THE STATE ELECTION COMMISSION, CORPORATION OFFICE COMPLEX, LMS JUNCTION, PALAYAM, THIRUVANANTHAPURAM, PIN - 695033 5 HE DISTRICT ELECTION OFFICER/DISTRICT COLLECTOR T OFFICE OF THE DISTRICT COLLECTOR, FIRST FLOOR, CIVIL STATION, KAKKANAD ERNAKULAM, PIN - 682030 6 HE DISTRICT ELECTION OFFICER/DISTRICT COLLECTOR T OFFICE OF THE DISTRICT COLLECTOR, CIVIL STATION, KUDAPPANAKUNNU, THIRUVANANTHAPURAM, PIN - 695043 7 HE DISTRICT ELECTION OFFICER/DISTRICT COLLECTOR T OFFICE OF THE DISTRICT COLLECTOR, CIVIL STATION, KOLLAM, PIN - 691013 8 HE DISTRICT ELECTION OFFICER/DISTRICT COLLECTOR T OFFICE OF THE DISTRICT COLLECTOR, CIVIL STATION, KASARAGOD, PIN - 671123 9 HE DISTRICT ELECTION OFFICER/DISTRICT COLLECTOR T OFFICE OF THE DISTRICT COLLECTOR, CIVIL STATION, KANNUR, PIN - 670002 W.A.No.1516 of 2025 5 2025:KER:52535 10 HE DISTRICT ELECTION OFFICER/DISTRICT COLLECTOR T OFFICE OF THE DISTRICT COLLECTOR, CIVIL STATION, KANNUR, PIN - 670002 11 HE DISTRICT ELECTION OFFICER/DISTRICT COLLECTOR T OFFICE OF DISTRICT COLLECTOR CIVIL STATION, ALAPPUZHA, PIN - 688001 12 HE ELAMKUNNAPUZHA GRAMA PANCHAYAT T ELAMKUNNAPUZHA, ERNAKULAM REPRESENTED BY ITS SECRETARY, PIN - 682511 13 HE VENGOLA GRAMA PANCHAYAT T VENGOLA P.O., ERNAKULAM REPRESENTED BY ITS SECRETARY, PIN - 683556 14 HE KADINAMKULAM GRAMA PANCHAYAT T KADINAMKULAM POTHENCODE, THIRUVANATHAPURAM REPRESENTED BY ITS SECRETARY, PIN - 695301 15 HE THRIKKOVILVATTOM GRAMA PANCHAYAT T THRIKKOVILVATTOM, MUKHATHALA P.O, KOLLAM REPRESENTED BY ITS SECRETARY, PIN - 691577 16 HE UNNIKULAM GRAMA PANCHAYAT T UNNIKULAM EKAROOL P.O, KOZHIKODE REPRESENTED BY ITS SECRETARY, PIN - 673574 17 HE SASTHAMCOTTA GRAMA PANCHAYAT T SASTHAMCOTTA , KOLLAM REPRESENTED BY ITS SECRETARY, PIN - 690521 18 HE AYYAMPUZHA GRAMA PANCHAYAT T AYYAMPUZHA , ERNAKULAM REPRESENTED BY ITS SECRETARY, PIN - 683581 19 HE PANATHADI GRAMA PANCHAYAT T PANATHADI , KASARGODE REPRESENTED BY ITS SECRETARY, PIN - 671532 W.A.No.1516 of 2025 6 2025:KER:52535 20 HE NARATHU GRAMA PANCHAYAT T NARATHU , KANNUR REPRESENTED BY ITS SECRETARY, PIN
- 670601 21 HE KUTTIKKOL GRAMA PANCHAYAT T KUTTIKKOL , KASARGOD REPRESENTED BY ITS SECRETARY, PIN - 671541 22 HE CHENGOTTUKAVU GRAMA PANCHAYAT T CHENGOTTUKAVU , KOZHIKODE REPRESENTED BY ITS SECRETARY, PIN - 673306 23 HE MAYYANADU GRAMA PANCHAYAT T MAYYANADU , KOLLAM REPRESENTED BY ITS SECRETARY, PIN - 691303 24 HE KARUVATTA GRAMA PANCHAYAT T KARUVATTA , ALAPPUZHA REPRESENTED BY ITS SECRETARY, PIN - 690517 25 HE KALLUVATHILKKAL GRAMA PANCHAYAT T KALLUVATHILKKAL , KOLLAM REPRESENTED BY ITS SECRETARY, PIN - 691578 26 HE KODOM BELUR GRAMA PANCHAYAT T KODOM BELUR , KASARGOD REPRESENTED BY ITS SECRETARY, PIN - 671532 27 HE NADUVANNUR GRAMA PANCHAYAT T NADUVANNUR, KOZHIKODE REPRESENTED BY ITS SECRETARY, PIN - 673614 28 HE PUTHIGE GRAMA PANCHAYAT T KASARGODE REPRESENTED BY ITS SECRETARY., PIN - 671321 29 EGISTRAR GENERAL AND CENSUS COMMISSIONER, R GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS, NDCC BUILDING -II, JAISINGH ROAD, NEW DELHI, PIN - 110001 W.A.No.1516 of 2025 7 2025:KER:52535 Y ADVS. B SHRI.DEEPU LAL MOHAN, SC, STATE DELIMITATION COMMISSION SHRI.P.M.BENZIR SHRI.V.RENJITH KUMAR, SC, THRIKKOVILVATTOM GRAMA PANCHAYAT, KOLLAM SHRI.M.R.SASITH PANICKER, SC, MAYYANAD GRAMA PANCHAYAT SHRI.DEEPU LAL MOHAN, SC, STATE ELECTION COMMISSION, KERALA SMT.ANUPAMA RAJENDRAN SRI.SUNIL KUMAR KURIAKOSE, GP SRI.S.KRISHNA - CGC SRI.DINESH MATHEW J.MURICKEN THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 9.07.2025, 0 THE COURT ON 17.07.2025 DELIVERED THE FOLLOWING: W.A.No.1516 of 2025 8 2025:KER:52535 JUDGMENT Sushrut Arvind Dharmadhikari, J. This intra-court appeal under Section5oftheKeralaHighCourt Act, 1958, assails the interim order dated 16.06.2025 passed in W.P(C)No.21675 of 2025, whereby the learned Single Judge has declined to grant interim relief to the appellants/petitioners. 2. The appellants hadfiledthewritpetitionseekingthefollowing reliefs:- " (i) To issue awritofcertioraricallingfortherecordsleadingto Exts. P5 to 9 P12, P15, P18, P22, P26, P29,P31, P33, P37,P38,P40 and P43 andquashExhibitsP5toP9,P12,P15, P18, P22, P26,P29,P31, P33, P37,P38,P40 and P43 ordersto the extent theyareviolatingthestatutoryobligationsasperthe directions, regulations and guidelines in Exhibit P3 and hence set aside the above final notifications issued by the 4th respondent. (ii) To issue awritofMandamusorderordirectiondirectingthe respondents1to11toundertakethedivisionofthePanchayats of 7th, 12th and 16th petitioners by considering the enquiry reports and direct to conduct it onlybasedontheguidelinesin ExhibitP3anddoasperthedirectionsinthejudgmentinWP(C) 42624/24 in paragraphs 6&7. (iii)ToissueawritofMandamusorderordirectiondirectingthe respondents 1 to 11 to consider the factual contentions of the 2nd and 3rd petitioners given in objections and reconduct the process of delimitation in the Petitioners' Panchayats by complying with the directions in the P3 guidelines and also as per the observations and directions in the judgment in WP(C) 42624 of 2024, in paragraphs 6 and 7. (iv)ToappointaJudicialcommissioncomprisingof3to5retired High court Judges or retired Judicial Officers or advocates commissiontoassesstheprocessofdelimitationdonenowand go into its mistakes committed by the 4th respondent, considering the statutes and guidelines already existing in the W.A.No.1516 of 2025 9 2025:KER:52535 atter and prepare a detailed report and submit before this m Hon'bleCourtforfurtheractionsanddirecttherespondents1to 29 not to implement the delimitation process being conducted nowandnottoproceedfurther,untilareportissubmittedbyany of the said commissions. (v) To issueawritofMandamusorderordirectiondirectingthe respondents 1 to 4 to include the U/A buildings in the coastal areaofthe14threspondentPanchayatinthenewvoterslistand in the delimitation process, and exclude flats and villas which don't have local voters as residents, from the list of residential buildingscountedalreadybytherespondents1to4andinclude theU/AhousesanditsresidentsalsoinallovertheState,inthe voters list to be published and have a proper delimitation processinthestate,basedontheExhibitP3guidelines,statutes and 2011 census. (vi)ToissueawritofMandamusorderordirectiondirectingthe respondents 1 to 4, not to execute or proceed with the publishing of fresh voters list basedonthepresentdelimitation notifications produced as Exts. P5-P9, P12, P15, P18, P22, P26,P29,P31, P33, P37,P38,P40andP43anddirecttopublish thevoterslistonlyafterconductingaproperdelimitationprocess according to the ActandRulesandaccordingtotheguidelines ExhibitP3issuedbytheDelimitationCommissioninthematter, and also based on the observations and directions in the judgment in Para 6&7 in WP(C) 42624 of 2024, in a proper mannerafterconsideringtheobjectionsofthepetitionersintheir Panchayats. INTERIM RELIEF For the reasons stated in the writ petition filed herewith it is prayed that this Hon'ble Court may be pleased to appoint a Judicial commission comprising of 3 to 5 retired High court Judges or retired Judicial Officers or advocates commission to assess the process of delimitation done now and go into its mistakes committed by the 4th respondent, considering the statutes and guidelines already existing in the matter and prepare a detailed report and submit before this Hon'bleCourt for further actions and direct the respondents 1 to 29 not to implement the delimitation process being conducted now and not to proceed further, until a report is submittedbyanyofthe said commissions." 3. The learned counsel for the appellants submitted that the learned Single Judge vide the impugned order admitted the writ W.A.No.1516 of 2025 10 2025:KER:52535 petition;however,declinedtogranttheinterimreliefasprayedforinthe writ petition. However, made it clear that the final delimitation notification would be subject to the outcome of the writ petition. He further contended that the learned Single Judge failed to consider the factthatthefinalvoterslistwouldbepublishedverysoonandtherefore, iftheinterimreliefisnotgranted,thenirreparablelosswouldbecaused to the appellants. 4.Percontra,thelearnedcounselappearingfortherespondents vehemently opposed the aforesaid prayer and submitted that it is a well-settled legal position that a writ appeal againstaninterimorderis not maintainable. Therefore, this Hon'ble Court may dismiss the writ appeal. 5.Onperusaloftheinterimreliefasclaimedinthewritpetition,it can beseenthattheappellantshadprayedforadirectiontoappointa Judicial Commission comprising 3 to 5 retired High Court judges or retiredJudicialOfficersorAdvocateCommissiontoassesstheprocess ofdelimitationdonenowandgointothemistakescommittedbythe4th respondent. 6.Inthepresentcase,sincetheinterimorderpassedisnotinthe nature of a final relief, the writ appeal would not be maintainable. W.A.No.1516 of 2025 11 2025:KER:52535 Moreover,thelearnedSingleJudgehasalreadyobservedthatthefinal delimitation notification would be subject to the outcome of the writ petition.Assuch,thelearnedSingleJudgehasnotcommittedanyerror inrejectingtheprayerforinterimrelief.Nofinaldecisionhasbeentaken as yet. Therefore, the present writ appeal is not maintainable. 7. In viewoftheafore,weareoftheconsideredopinionthatthe interim relief prayedforcannotbegranted,asthesamewouldamount to granting the final relief. Therefore, no error is found in the order passed by the learned Single Judge. Accordingly, the present writ appeal being bereft of merit and substance is hereby dismissed at the admission stage itself. Sd/- SUSHRUT ARVIND DHARMADHIKARI JUDGE Sd/- SYAM KUMAR V.M. JUDGE MC/11.7 W.A.No.1516 of 2025 12 2025:KER:52535 APPENDIX OF WA 1516/2025 PETITIONER EXHIBITS xhibit P42 E nglish Translation of Exhibit P42 E Exhibit P3 English Translation of Exhibit P3 Exhibit P4 English Translation of Exhibit P4 Exhibit P4(a) English Translation of Exhibit P4(a) Exhibit p4(b) English Translation of Exhibit P4(b) Exhibit P(c) English Translation of Exhibit P4(c) Exhibit P4(d) English Translation of Exhibit P4(d) Exhibit P4(e) English Translation of Exhibit P4(e) Exhibit P4(f) English Translation of Exhibit P4(f) Exhibit P4(g) English Translation of Exhibit P4(g) Exhibit P4(i) English Translation of Exhibit P4(i) Exhibit P4(j) English Translation of Exhibit P4(j) Exhibit P4(k) English Translation of Exhibit P4(k) Exhibit P4(l) English Translation of Exhibit P4(l) Exhibit P4(m) English Translation of Exhibit P4(m) Exhibit P4(o) English Translation of Exhibit P4(o) Exhibit P8 English Translation of Exhibit P8 Exhibit P5 English Translation of Exhibit P5 Exhibit P6 English Translation of Exhibit P6 Exhibit P7 English Translation of Exhibit P7 Exhibit P10 English Translation of Exhibit P10 Exhibit P11 English Translation of Exhibit P11 Exhibit P12 English Translation of Exhibit P12 Exhibit P13 English Translation of Exhibit P13 Exhibit P14 English Translation of Exhibit P14 Exhibit P15 English Translation of Exhibit P15 Exhibit P17 English Translation of Exhibit P17 Exhibit P18 English Translation of Exhibit P18 Exhibit P19 English Translation of Exhibit P19 Exhibit P20 English Translation of Exhibit P20 Exhibit P22 English Translation of Exhibit P22 W.A.No.1516 of 2025 13 2025:KER:52535 xhibit P24 E nglish Translation of Exhibit P24 E Exhibit P26 English Translation of Exhibit P26 Exhibit P27 English Translation of Exhibit P27 Exhibit P28 English Translation of Exhibit P28 Exhibit P29 English Translation of Exhibit P29 Exhibit P30 English Translation of Exhibit P30 Exhibit P32 English Translation of Exhibit P32 Exhibit P33 English Translation of Exhibit P33 Exhibit P34 English Translation of Exhibit P34 Exhibit P35 English Translation of Exhibit P35 Exhibit P36 English Translation of Exhibit P36 Exhibit P38 English Translation of Exhibit P38 Exhibit P39 English Translation of Exhibit P39 Exhibit P41 English Translation of Exhibit P41 Exhibit P4(h) English Translation of Exhibit P4(h) Exhibit P4(n) English Translation of Exhibit P4 (n) Exhibit P9 English Translation of Exhibit P9 Exhibit P16 English Translation of Exhibit P16 Exhibit P25 English Translation of Exhibit P25 Exhibit P31 English Translation of Exhibit P31 Exhibit P37 English Translation of Exhibit P37 Exhibit P43 English Translation of Exhibit P43 Exhibit P45 English Translation of Exhibit P45 Exhibit P46 English translation of Exhibit P46 Exhibit P40 English Translation of Exhibit P40