Citation : 2024 Latest Caselaw 5581 Ker
Judgement Date : 16 February, 2024
WP(C) NO. 6128 OF 2015 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 16TH DAY OF FEBRUARY 2024 / 27TH MAGHA, 1945
WP(C) NO. 6128 OF 2015
PETITIONER/S:
SUDARSANAN S
AGED 44 YEARS
S/O. SUKUMARAN NAIR, SANTHIBHAVAN HOUSE,
CHERUMANGAD, MYLOTHUMUZHY, VEERANAKAVU P.O.- 695572,
TRIVANDRUM.
BY ADVS.
SRI.K.V.REJANISH
SRI.A.S.DHEERAJ
SMT.I.SHEELA DEVI
RESPONDENT/S:
1 STATE OF KERALA
REP BY PRINCIPAL SECRETARY, LOCAL SELF GOVERNMENT
DEPARTMENT, SECRETARIAT ANNEX, TRIVANDRUM-695001.
2 DIRECTOR OF PANCHAYATH
OFFICE OF DIRECTORATE OF PANCHAYATH, MUSEUM P.O.,
NANDANKODU, TRIVANDRUM-695002.
3 POOVACHAL GRAMA PANCHAYATH SPECIAL GRADE
REP BY ITS SECRETARY, POOVACHAL P.O., TRIVANDRUM-
695006.
BY ADVS.
SRI.R.T.PRADEEP, SRI.B.S.SYAMANTAK, GP, SRI.ABDUL
SALAM R1 & R2
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 16.02.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 6128 OF 2015 2
P.V.KUNHIKRISHNAN, J
---------------------------------------
W.P.(C.) No. 6128 of 2015
--------------------------------------
Dated this the 16th day of February, 2024
JUDGMENT
The above writ petition is filed with following prayers :
1. "To issue a Writ in the nature of mandamus to the 1st respondent to take necessary actions for the bifurcation of Poovachal Grama Panchayath and to the creation of Veeranakavu Grama Panchayath in Trivandrum District as proposed by the 3rd respondent Poovachal Grama Punchayathu, Deputy director of Punchayath and the Committee headed by the Director of Punchayath
2. To issue necessary directions to the 1st respondent to consider and dispose of the Ext P6 petition on merit with a speaking order within a time fixed by this Hon'ble court after giving an opportunity of personal hearing to the petitioner.
3. Stay all further actions/proceedings pertaining to Exhibit P1 Gazette notification till the disposal of this writ petition.
4. To issue any other Writs, order or direction as this Hon'ble Court may deem fit and necessary to the facts and circumstances of the case." [sic]
2. The challenge in this writ petition is against the
bifurcation and creation of new panchayats. The order
impugned is passed in the year 2015. No interim order is
passed in this case. There is no representation also for the
petitioner. I think this writ petition need not be retained here.
Therefore, this writ petition is closed.
Sd/-
P.V.KUNHIKRISHNAN JUDGE SKS
APPENDIX OF WP(C) 6128/2015
PETITIONER EXHIBITS
EXHIBIT P1- GAZETTE NOTIFICATION DATED 25- 01-2015.
EXHIBIT P2- TRUE COPY OF THE COMMUNICATION DATED 12-11-2014 BY THE DEPUTY DIRECTOR OF PANCHAYATH.
EXHIBIT P2(A)- TRANSLATION OF EXT P2.
EXHIBIT P3- THE TRUE COPY OF THE DECISION DATED 24-11-2014 BY 3RD RESPONDENT.
EXHIBIT P3(A)- TRANSLATION OF EXT P3.
EXHIBIT P4- THE TRUE COPY OF THE MAPS SUBMITTED BY RESPONDENT NO.3.
EXHIBIT P5- THE TRUE COPY OF PROPOSAL DATED 29-12-2014 BY RESPONDENT NO.2.
EXHIBIT P5(A)- TRANSLATION OF EXT P5.
EXHIBIT P6- COPY OF PETITION DATED 3-2- 2015 BY THE PETITIONER TO THE 1ST RESPONDENT.
EXHIBIT P6(A)- TRANSLATION OF EXT P5.
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