A.M.Ummer vs State Of Kerala
2022 Latest Caselaw 9311 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
           THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
    WEDNESDAY, THE 10TH DAY OF AUGUST 2022 / 19TH SRAVANA, 1944
                       WP(C) NO. 20506 OF 2019
PETITIONERS:

          A.M.UMMER,
          AGED 69 YEARS,
          S/O MUHAMMED KUNJU, CHAIRMAN,
          MANNAM PANCHAYAT ACTION COUNCIL,
          MANNAM POST, ERNAKULAM-683 520.

          BY ADV DENIZEN KOMATH


RESPONDENTS:

    1     STATE OF KERALA,
          REPRESENTED BY ITS PRINCIPAL SECRETARY,
          LOCAL SELF GOVERNMENT (EM) DEPARTMENT,
          SECRETARIAT, THIRUVANANTHAPURAM-695 001.

    2     CHIEF ELECTION COMMISSIONER,
          STATE OF KERALA, THIRUVANANTHAPURAM-695 001.

    3     DIRECTOR OF PANCHAYAT,
          SWARAJ BHAVAN, NANDANCODE, THIRUVANANTHAPURAM-695 003.

    4     DISTRICT COLLECTOR,
          CIVIL STATION, KAKKANAD, ERNAKULAM-682 020.

    5     KOTTUVALLY GRAMA PANCHAYAT,
          REPRESENTED BY ITS SECRETARY,
          VALLUVALLY, KOONAMMAVU, ERNAKULAM-683 518.

    6     CHITTATTULARA GRAMA PANACHAYAT,
          REPRESENTED BY ITS SECRETARY,
          VADAKKEKKARA POST NORTH PARAVUR, ERNAKULAM-683 511.

    7     KARUMALLUR GRAMA PANCHAYAT,
          REPRESENTED BY ITS SECRETARY,
          KARUMALLOOR, NORTH PARAVUR, ERNAKULAM-683 511.

          BY ADVS.
          SHRI.KODOTH SREEDHARAN, SC, STATE ELECTION COMMISSION,
          KERALA
          BABU KARUKAPADATH
 WP(C) NO. 20506 OF 2019         -2-



            SRI.T.K.AJITHKUMAR (VALATH)
            SRI.C.ANIL KUMAR
            SMT.A.K.PREETHA
            SHRI.DEEPU LAL MOHAN, SC, STATE ELECTION
            COMMISSION, KERALA


     THIS    WRIT   PETITION    (CIVIL)   HAVING    COME    UP    FOR
ADMISSION    ON   10.08.2022,    THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 20506 OF 2019         -3-



                            JUDGMENT

The above writ petition is filed with the following

prayers:

"1. Call for the entire records pertaining to the facts pleaded in the writ petition;

2. Issue a Writ of Mandamus, any other Order, Writ or Direction, directing the Respondents 1 and 3 to fix the strength of Respondents 5 to 7 Grama Panchayats, based on 2011 census immediately, and as contemplated under the Kerala Panchayat Raj Act, 1994.

3. Issue a Writ of Mandamus, any other Order, Writ or Direction, directing the 1st Respondent to bifurcate the Respondents 5 to 7 Grama Panchayats and to form a new Grama Panchayat as Mannam Grama Panchayat as per Exhibit P-1 Notification, well before the general elections for the local bodies is scheduled to be held in the year 2020.

4. Such other reliefs that this Honourable Court deem fit and proper to grant in the interest of justice.

5. Award costs of the proceedings."

2. When this writ petition came up for

consideration the learned Standing Counsel appearing

for the second respondent made available a Government

Order i.e., G.O.(MS) No.143/2019/LSGD dated

13.11.2019 in which it is decided by the Government not

to undertake bifurcation of the Grama Panchayath.

In the light of such a policy decision taken by the

Government no further orders are necessary. The

question raised in this writ petition is left open. With

this observation, this writ petition is closed.

Sd/-

P.V.KUNHIKRISHNAN JUDGE vv

APPENDIX OF WP(C) 20506/2019

PETITIONER EXHIBITS

EXHIBIT P1 TRUE PHOTOCOPY OF THE RELEVANT PAGES 1,2 AND 25 OF THE NOTIFICATION DATED 16.8.1994 VIDE NUMBER 2877/C1/94 LSG

EXHIBIT P2 TRUE PHOTOCOPY OF THE PUBLIC NOTICE ISSUED BY THE PETITIONERS ACTION COUNCIL, DATED 25.8.1994

EXHIBIT P3 TRUE PHOTOCOPY OF THE WALL POSTER PREPARED BY THE PETITIONERS ACTION COUNCIL

EXHIBIT P4 TRUE PHOTOCOPY OF THE REQUEST PREFERRED BY THE PETITIONERS ACTION COUNCIL DATED 13.11.2012 BEFORE THE 1ST RESPONDENT

EXHIBIT P5 TRUE PHOTOCOPY OF THE REPLY GIVEN BY THE 1ST RESPONDENT DATED 6.12.2012

EXHIBIT P6 TRUE PHOTOCOPY OF THE NOTICE ISSUED FROM THE OFFICE OF THE 6TH RESPONDENT DATED 12.11.2014

EXHIBIT P7 TRUE PHOTOCOPY OF THE REQUEST TABLED BY THE PETITIONERS ACTION COUNCIL BEFORE THE 6TH RESPONDENT

EXHIBIT P8 TRUE PHOTOCOPY OF THE OBJECTION PREFERRED BY THE PETITIONERS ACTION COUNCIL BEFORE THE 1ST RESPONDENT DATED 19.1.2015

EXHIBIT P9 THE NEW ITEM IN THIS REGARD WAS PUBLISHED IN THE MALAYALA MANORAMA DAILY DATED 25.1.2015

EXHIBIT P10 TRUE COPY OF THE JUDGMENT OF THIS HON;BLE COURT IN WPC NO 6372/2015 DATED 7.7.2015

EXHIBIT P11 TRUE COPY OF THE REPRESENTATION PREFERRED BY THE PETITIONER ACTION COUNCIL DATED 8.7.2018 BEFORE THE LOCAL MLA