M.P.Mammootty vs State Of Kerala
2022 Latest Caselaw 5243 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
               THE HONOURABLE MR. JUSTICE T.R.RAVI
  FRIDAY, THE 13TH DAY OF MAY 2022 / 23RD VAISAKHA, 1944
                     WP(C) NO. 15845 OF 2022
PETITIONER:

         M.P.MAMMOOTTY, AGED 71 YEARS,
         PATTARKANDY HOUSE, S/O.IBRAHIM,
         NEERVELI P.O., KANNUR, KERALA-670 701.
         BY ADVS.
         V.S.CHANDRASEKHARAN
         M.V.DAS
         LEKSHMI SWAMINATHAN
         S.JAYAKUMAR
         C.A.SABITHA
         SAJNA T.UMMER

RESPONDENTS:

    1    STATE OF KERALA,
         REPRESENTED BY CHIEF SECRETARY, GOVERNMENT
         SECRETARIAT, THIRUVANANTHAPURAM-695 001.
    2    THE CHIEF ELECTION COMMISSIONER,
         OFFICE OF THE ELECTION COMMISSION OF KERALA,
         TRIVANDRUM-695 001.
    3    DISTRICT COLLECTOR, KANNUR DISTRICT,
         KANNUR-670 001.
    4    THE DISTRICT POLICE COMMISSIONER,
         KANNUR-670 001.
    5    RETURNING OFFICER, MAANGATTIDAM GRAMA PANCHAYATH,
         KANNUR DISTRICT-670 701.
         BY ADV SHRI.DEEPU LAL MOHAN, SC, STATE ELECTION
         COMMISSION, KERALA.
         R1,R3 & R4 BY SMT.PARVATHY KOTTOL, GP


     THIS WRIT PETITION       (CIVIL) HAVING COME UP    FOR
ADMISSION ON 13.05.2022,      THE COURT ON THE SAME     DAY
DELIVERED THE FOLLOWING:
 W.P(C) No.15978 of 2022                2



                                  T.R.RAVI, J.
                ------------------------------------------------
                       W.P(C) No.15845 of 2022
              ----------------------------------------------------
               Dated this the 13th day of May, 2022.


                            JUDGMENT

The petitioner has approached this Court apprehending that

the bye-election to Ward No.5 of Maangattidam Grama Panchayath

in Kannur Distirct, which is to be held on 17-05-2022, will be

affected by large scale violence, booth capturing, impersonisation,

etc. The prayer is to identify those booths as hyper sensitive and to

take necessary precautionary measures like fixing C.C.T.V Camera

etc.

2. The Standing Counsel for the second respondent has

filed a statement on behalf of respondents 2 to 5, wherein it is stated

that the steps have already been taken and permission has been

granted for having videography in the said polling booths and

directions have also been issued to the police for taking necessary

precautionary measures to avoid any untoward incidents.

In the above circumstances, the statement filed on behalf of

respondents 2 to 5 is recorded and the writ petition is closed.

Sd/-

                                                    T.R.RAVI, JUDGE
amk





                                 APPENDIX

PETITIONER's        EXHIBITS :
Exhibit P1                TRUE COPY OF THE ELECTION SCHEDULE

ISSUED BY THE KERALA STATE ELECTION COMMISSION IN RESPECT OF BYE ELECTION. Exhibit P2 TRUE COPY OF THE RECEIPT ISSUED BY THE RETURNING OFFICER TO THE PETITIONER.

Exhibit P3 & P3(a) TRUE COPY OF THE COMPLAINT FILED BY PETITIONER BEFORE THE ASSISTANT POLICE COMMISSIONER AND RECEIPT ISSUED BY THE KOOTHUPARAMBA POLICE STATION.

Exhibit P4 TRUE COPY OF THE JUDGMENT IN WPC NO.7501/2011.

RESPONDENTS' ANNEXURES :

ANNEXURE R2(a) : THE PHOTOCOPY OF LETTER NO.B1 54571-2022-SEC(1)

DATED 18-04-2022 ISSUED BY THE STATE ELECTION

COMMISSION ADDRESSED TO THE STATE POLICE CHIEF,

KERALA.

ANNEXURE R2(b) : THE PHOTOCOPY OF LETTER NO.B2/62/2021-SEC DATED

11-05-2022 ISSUED BY THE STATE ELECTION

COMMISSION TO THE DISTRICT ELECTION OFFICER,

KANNUR.

ANNEXURE R2(c) : THE PHOTOCOPY OF THE PROCEEDINGS

NO.B1/5457/2022/SEC DATED 6-5-2022 ISSUED BY THE

STATE ELECTION COMMISSION.

ANNEXURE R2(d) : THE PHOTOCOPY OF JUDGMENT DATED 6-8-2021 OF

THIS HON'BLE COURT IN WP(C) NO.15831/2021