Citation : 2024 Latest Caselaw 29150 Ker
Judgement Date : 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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