1. Babu P. Kuriakose vs The Secretary, Adimaly Block ...
2023 Latest Caselaw 3473 Ker

         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
                                 :3 :




                         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

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

25.03.2023, during the No-Confidence Motion.

Sd/-

N. NAGARESH JUDGE sss WP(C) No.9880 of 2023

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.