Kerala High Court
Abdul Majeed M.K vs State Of Kerala on 21 November, 2024
WP(C) NO. 38595 OF 2024
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2024:KER:87382
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 21ST DAY OF NOVEMBER 2024 / 30TH KARTHIKA, 1946
WP(C) NO. 38595 OF 2024
PETITIONER:
ABDUL MAJEED M.K.,
AGED 63 YEARS
S/O MOIDU, MOOLAKAPPIL HOUSE, VANIMEL,
KODIYIURA P.O KOZHIKODE, PIN - 673506
BY ADVS.
P.A.MOHAMMED SHAH
RENOY VINCENT
SHAHIR SHOWKATH ALI
CHELSON CHEMBARATHY
ABEE SHEJIRIK FASLA N.K
NANDA SURENDRAN
SAHAL SHAJAHAN
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE PRINCIPAL SECRETARY,
LOCAL SELF GOVERNMENT DEPARTMENT,
THIRUVANANTHAPURAM, PIN - 695001
2 JOINT DIRECTOR,
LOCAL SELF GOVERNMENT DEPARTMENT OFFICE,
KOZHIKODE, PIN - 673020
3 STATE ELECTION COMMISSION,
OFFICE OF THE STATE ELECTION COMMISSION,
CORPORATION OFFICE COMPLEX, LMS JUNCTION,
PALAYAM, THIRUVANANTHAPURAM
REPRESENTED BY STATE ELECTION COMMISSIONER,
PIN - 695033
4 DELIMITATION COMMISSION,
OFFICE OF THE STATE ELECTION COMMISSION,
WP(C) NO. 38595 OF 2024
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CORPORATION OFFICE COMPLEX, LMS JUNCTION,
PALAYAM, THIRUVANANTHAPURAM
REPRESENTED BY ITS SECRETARY, PIN - 695033
5 DISTRICT ELECTION OFFICER,
OFFICE OF DISTRICT COLLECTOR,
COLLECTORATE, KOZHIKODE, PIN - 678001
6 VANIMEL GRAMA PANCHAYAT,
REPRESENTED BY ITS SECRETARY,
KOZHIKODE, PIN - 673506
7 SMT. GIRIJA. J.,
SECRETARY, KUNNUMMAL GRAMA PANCHAYAT,
KOZHIKODE, PIN - 673507
BY ADVS.
DEEPU LAL MOHAN
OTHER PRESENT:
SMT. DEVI SHRI R., GP, SRI.DEEPU LAL MOHAN, SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
21.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 38595 OF 2024
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MOHAMMED NIAS C.P., J
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W.P(C) No.38595 of 2024
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Dated this the 21st day of November, 2024
JUDGMENT
The above writ petition is filed with the following prayers;
" i) To declare that the draft delimitation report for Vanimel Panchayat
submitted Respondent No.7 before the Respondent No.4 without adhering to the
mandated norms prescribed in Exhibit P-1 is illegal and liable to be set aside.
ii) Issue a writ of mandamus, order, direction or any other direction to
the Respondent No.4 to consider Exhibit P-5 representation submitted by the
Petitioner and accordingly take a decision in the matter after affording an
opportunity to the Petitioner to be heard.
iii) Issue a writ of mandamus, order, direction or any other direction to
the Respondent No.5 to consider Exhibit P-6 representation submitted by the
Petitioner and accordingly take a decision in the matter after affording an
opportunity to the Petitioner to be heard.
iv) To dispense off with translation of vernacular documents to
English;
v) Pass such any other order, direction or reliefs as this Hon'ble Court
may deem fit in the interest of justice, equity and good conscience."
The learned Counsel for the Delimitation Commission submits that
WP(C) NO. 38595 OF 2024
2024:KER:87382
the objections raised in the writ petition and through Exts.P4 and P5
representations can be raised before the 4 th respondent Delimitation
Commission or the 5th respondent District Election Officer in the manner
prescribed under the Kerala Panchayat Raj Act. Giving liberty to the
petitioners to do the same and without prejudice to any of the contentions
raised in the writ petition, which will be adverted to while finalising the
proceedings, the writ petition is disposed of as above.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
LU
WP(C) NO. 38595 OF 2024
2024:KER:87382
APPENDIX OF WP(C) 38595/2024
PETITIONER EXHIBITS :
EXHIBIT P1 TRUE COPY OF THE GUIDELINES ISSUED BY THE 4TH
RESPONDENT DATED 24.09.2024
EXHIBIT P2 TRUE COPY OF THE TRANSFER ORDER DATED
27.09.2024 ISSUED BY THE PRINCIPAL DIRECTOR
OF RESPONDENT NO.1
EXHIBIT P3 TRUE COPY OF THE INTIMATION ORDERS ISSUED BY
THE RESPONDENT NO.2 DT. 15.10.2024
EXHIBIT P4 TRUE COPY OF THE REPRESENTATION SUBMITTED TO
THE DISTRICT COLLECTOR BY THE PRESIDENT OF
VANIMEL PANCHAYAT DT. 24.10.2024
EXHIBIT P5 TRUE COPY OF THE REPRESENTATION SUBMITTED BY
THE PETITIONER BEFORE THE RESPONDENT NO.4
EXHIBIT P6 TRUE COPY OF THE REPRESENTATION SUBMITTED BY
THE PETITIONER BEFORE THE RESPONDENT NO.5
// True Copy // PA To Judge
