Chunkan Thayappan vs The Chief Electoral Officer
2021 Latest Caselaw 7591 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

    THURSDAY, THE 04TH DAY OF MARCH 2021 / 13TH PHALGUNA, 1942

                       WP(C).No.3983 OF 2021(W)


PETITIONERS:

      1        CHUNKAN THAYAPPAN,
               AGED 55 YEARS,
               S/O.THAYAPPAN, THERA TRIBAL SETTLEMENT COLONY,
               POOYAMKUTTY, KUTTAMPUZHA VILLAGE,
               ERNAKULAM DISTRICT.

      2        GIRISH M.G.,
               AGED 52 YEARS,
               S/O.GOPALAN, URIYAMPETTY TRIBAL SETTLEMENT COLONY,
               POOYAMKUTTY, KUTTAMPUZHA VILLAGE,
               ERNAKULAM DISTRICT.

      3        ANIL,
               AGED 45 YEARS,
               S/O.PONNUPILLA, WARRIAM TRIBAL SETTLEMENT COLONY,
               POOYAMKUTTY, KUTTAMPUZHA VILLAGE,
               ERNAKULAM DISTRICT.

               BY ADVS.
               SRI.A.C.DEVASIA
               SMT.ANCY MATHEW
               SRI.MATHEW DEVASSI

RESPONDENTS:

      1        THE CHIEF ELECTORAL OFFICER,
               OFFICE OF THE CHIEF ELECTORAL OFFICER,
               VIKAS BHAVAN, LEGISLATURE COMPLEX,
               THIRUVANANTHAPURAM, PIN - 695 003.

      2        THE DISTRICT ELECTORAL OFFICER(DISTRICT COLLECTOR),
               COLLECTORATE, KAKKANAD, ERNAKULAM, KOCHI - 682 030.

               BY ADVS. SRI.MURALI PURUSHOTHAMAN, SC, ELE.COMMN.
                        SMT.PRINCY XAVIER, GOVERNMENT PLEADER


THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION              ON
04.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.3983 OF 2021(W)

                                        2

                                  JUDGMENT

The petitioners claim that there are

families in Warriam and 26 families in Thera

settlement colonies and there are several

voters in these colonies in different wards.

The grievance of the petitioners is that

there is no polling station provided for the

voters of these colonies.

2. It is stated that the voters have to

travel more than 20 Kms as far as Thera

settlement colony is concerned, who are in

Ward No.43, and for those in Ward No.44 in

Warriam settlement colony, they have to walk

15 Kms, and those in Ward No.46 in

Uriyampetty colony have to travel 30 Kms, for

the purpose of casting their votes. It is

pointed out that the casting of votes in

election has become a big task for the voters

of these colonies and also to exercise their WP(C).No.3983 OF 2021(W)

voting right independently and that it would

take 3 to 5 hours through the dense forest to

reach the polling station. Pointing out

these difficulties, petitioners have

submitted Ext.P2 representation before the 1st

respondent.

3. I am of the view that the claim

raised by the petitioners in Ext.P2

representation deserves emergent

consideration.

Therefore the writ petition is

disposed of with a direction to the 1st

respondent to consider Ext.P2 representation

and to take a decision on the request as

expeditiously as possible, at any rate,

within a period of two weeks from the date of

receipt of a copy of the judgment.

Sd/-

P.V.ASHA JUDGE WW WP(C).No.3983 OF 2021(W)

APPENDIX PETITIONERS' EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE VOTERS LIST ISSUED BY THE ELECTORAL REGISTRATION OFFICE WITH RESPECT TO THESE COLONIES DATED 20.01.2021.

EXHIBIT P2 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS 1 TO 3 REPRESENTING THE PEOPLE OF THERA, WARRIAM AND URIYAMPETTY SETTLEMENT COLONIES DATED 26.12.2020 BEFORE THE 1ST RESPONDENT.