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Sankaranarayanan vs The State Delimitation Commission
2024 Latest Caselaw 29150 Ker

Citation : 2024 Latest Caselaw 29150 Ker
Judgement Date : 10 October, 2024

Kerala High Court

Sankaranarayanan vs The State Delimitation Commission on 10 October, 2024

WP(C) NO. 35414 OF 2024      1




                                              2024:KER:75226
           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

         THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

THURSDAY, THE 10TH DAY OF OCTOBER 2024 / 18TH ASWINA, 1946

                    WP(C) NO. 35414 OF 2024

PETITIONER:

           SANKARANARAYANAN,
           AGED 50 YEARS
           S/O GOPALAKRISHNA PILLAI, KUZHIVILAKATH VEEDU,
           SANKARANARAYANAPURAM, NEYYATTINKARA,
           THIRUVANANTHAPURAM DISTRICT, PIN - 695124

          BY ADVS.
          V.M.KRISHNAKUMAR
          P.R.REENA
RESPONDENTS:

           THE STATE DELIMITATION COMMISSION,
           THIRUVANANTHAPURAM,CORPORATION BUILDING, IVTH
     1     FLOOR. THIRUVANANTHAPURAM REP. BY ITS SECRETARY,
           PIN - 695033

           THE STATE ELECTION COMMISSION,
           VIKAS BHAVAN, JANAHITHAM, NEAR LEGISLATIVE
     2
           ASSEMBLY, THIRUVANANTHAPURAM REPRESENTED BY
           COMMISSIONER, PIN - 695033

          BY ADVS.
          DEEPU LAL MOHAN
          SHRI.DEEPU LAL MOHAN, SC, STATE ELECTION
          COMMISSION, KERALA
OTHER PRESENT:

           SRI.RIYAL DEVASSY , GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP           FOR
ADMISSION ON 10.10.2024, THE COURT ON THE SAME           DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 35414 OF 2024                   2




                                                                          2024:KER:75226


                         MOHAMMED NIAS C.P., J

                ............................................................

                        W.P.(C) No.35414 of 2024

               .............................................................

              Dated this the 10th day of October, 2024



                                    JUDGMENT

The writ petition is filed for seeking the following prayers:-

"I. Issue a writ in the nature of mandamus commanding the

respondents not to name Ward No 14 of the Perumkadavil

Grama Panchayat as Thathamala.

II. Issue a writ in the nature of mandamus commanding the

1st respondent Delimitation Commission to consider Ext.P12

representation after affording an opportunity of hearing to

the petitioner and pass appropriate orders within such time

as may be fixed by this Hon'ble Court.

III. Issue such, other orders, writs or directions as are

deemed fit by this Hon'ble court, and.

IV. award the costs of this proceeding to the petitioner.

V. To dispense with filing of the translation of documents in

vernacular language."

2. The learned Standing Counsel, appearing for

the State Delimitation Commission, brings to my notice the

stipulations under Section 10(2) of the Kerala Panchayat Raj Act.

2024:KER:75226 It is stated that even the draft notification is not published, and

the petitioners will get a chance to file their objections only after

the same is published.

Given the above, the writ petition is premature. Without

prejudice to the petitioners' right to raise their objections at the

appropriate time, this writ petition is dismissed.

Sd/-

MOHAMMED NIAS C.P JUDGE

Anu

2024:KER:75226

APPENDIX OF WP(C) 35414/2024

PETITIONER EXHIBITS

TRUE COPY OF THE JUDGMENT IN Exhibit P1 WP(C).NO.26198/2010 DATED 19.08.2010

TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WA NO 2094 OF 2010 Exhibit P2 DATED 26.02.2013

TRUE COPY OF THE BIRTH CERTIFICATE Exhibit P3 ISSUED TO HARIGOVIND S.J ON 20.11.2009

TRUE COPY OF THE DEATH CERTIFICATE OF Exhibit P4 VELAYUDHAN PILLAI ISSUED ON 07.05.2008

TRUE COPY OF THE RELEVANT PAGES OF PASSBOOK OF THE INDIAN OVERSEAS BANK Exhibit P5 ISSUED TO AMBIKADEVI G

TRUE COPY OF THE RELEVANT PAGES OF PASSBOOK OF THE STATE BANK OF Exhibit P6 TRAVANCORE ISSUED TO VENUGOPALAN.A

TRUE COPY OF THE RELEVANT PAGES OF RATION CARD NO.1106169058 ISSUED TO Exhibit P7 VELAPPAN PILLAI

TRUE COPY OF THE MEMBERSHIP CARD ISSUED BY ANKODE SERVICE CO-OPERATIVE BANK TO Exhibit P8 SREEKUMAR.V.R

TRUE COPY OF THE MEMBERSHIP CARD ISSUED BY NREGWU THIRUVANANTHAPURAM TO Exhibit P9 SACHITHRAKUMARI

Exhibit P10 TRUE COPY OF THE RELEVANT PAGE OF THE VOTERS LIST, 137 PARASSALA LEGISLATIVE ASSEMBLY CONSTITUENCY, VOTERS LIST 2009

2024:KER:75226

TRUE COPY OF THE DECISION OF THE ENQUIRY COMMISSION APPOINTED BY THE 1ST RESPONDENT DATED 09.02.2010, OBTAINED Exhibit P11 BY PETITIONER UNDER AN APPLICATION UNDER RIGHT TO INFORMATION ACT

TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE Exhibit P12 RESPONDENTS DATED 21.08.2024

TRUE COPY OF NEWSPAPER REPORT PUBLISHED IN MALAYALA MANORAMA DAILY ON Exhibit P13 27.09.2024

 
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