K.M Sinoj Kumar vs State Of Kerala
2025 Latest Caselaw 3706 Ker

Kerala High Court

K.M Sinoj Kumar vs State Of Kerala on 6 February, 2025

WP(C) No.42624/2024                       1/7                       Order Date : 06-02-2025

                        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
                      THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
             Thursday, the 6th day of February 2025 / 17th Magha, 1946
                              WP(C) NO. 42624 OF 2024
   PETITIONERS:

      1. K.M SINOJ KUMAR,AGED 43 YEARS,S/O MANIAN, RESIDING AT
         KALATHIPARAMBIL HOUSE, PUTHUVYPU P.O., ERNAKULAM, PIN - 682508
      2. SHIHAB PALLIKAL, AGED 44 YEARS,S/O ABDUL RAHMAN, RESIDING AT
         PALLIKAL HOUSE, VENGOLA P.O., ERNAKULAM, PIN - 683556
      3. JOSE NICHOLAS, AGED 52 YEARS,S/O NICHOLAS, RESIDING AT ARTHIYIL
         PUTHUVAL PURAAYIDOM, MARIANAD, PUTHUKURICHY P.O.,
         THIRUVANANTHAPURAM, PIN - 695303
      4. HARRISON H.P., AGED 45 YEARS,S/O HERRICK S.P, RESIDING AT VAYALLIL
         BHAVAN, 1/529, THUMBA, ST. XAVIERS COLLEGE P.O., KAZHAKOOTTAM,
         THIRUVANANTHAPURAM, PIN - 695586
      5. BINI THOMAS, AGED 51 YEARS,W/O. M. THOMASKUTTY, KAITHAPUZHA PYARIMA,
         ST. JUDE NAGAR, ALUMMOOD P.O., MUKHATHALA, KOLLAM, PIN - 691577
      6. BINOY E.T., AGED 46 YEARS,S/O. UNNIKRISHNAN, EKATHOTTATHIL, KARUMALA
         P.O., SIVAPURAM, KOZHIKODE, PIN - 673612
      7. SREELESH T.P., AGED 45 YEARS,S/O. NARAYANAN P.K., KOLAKKOTITAZHA
         KUNIYIL, NUT STREET P.O., VADAKARA, KOZHIKODE, PIN - 673104

   RESPONDENTS:

      1. STATE OF KERALA,REPRESENTED BY THE CHIEF SECRETARY,GOVERNMENT
         SECRETARIATE, THIRUVANANTHAPURAM, PIN - 695001
      2. THE PRINCIPAL SECRETARY, LOCAL SELF GOVT. DEPARTMENT, GOVERNMENT
         SECRETARIATE, THIRUVANANTHAPURAM, PIN - 695001
      3. THE STATE ELECTION COMMISSION, REPRESENTED BY ITS COMMISSIONER,
         OFFICE OF THE STATE ELECTION COMMISSION, CORPORATION OFFICE COMPLEX,
         LMS JUNCTION, PALAYAM, THIRUVANANTHAPURAM, PIN - 695033
      4. THE STATE DELIMITATION COMMISSION, REPRESENTED BY THE
         CHAIRMAN,OFFICE OF THE STATE ELECTION COMMISSION,CORPORATION OFFICE
         COMPLEX, LMS JUNCTION, PALAYAM, THIRUVANANTHAPURAM, PIN - 695033
      5. THE DISTRICT ELECTION OFFICER, OFFICE OF THE DISTRICT COLLECTOR,
         CIVIL STATION, KUDAPPANAKUNNU, THIRUVANANTHAPURAM, PIN - 695043
      6. THE DISTRICT ELECTION OFFICER OFFICE OF THE DISTRICT COLLECTOR,CIVIL
         STATION, KOLLAM, PIN - 691013
      7. THE DISTRICT ELECTION OFFICER, OFFICE OF THE DISTRICT
         COLLECTOR,FIRST FLOOR, CIVIL STATION, KAKKANAD, ERNAKULAM, PIN -
         682030
      8. THE DISTRICT ELECTION OFFICER, OFFICE OF THE DISTRICT
         COLLECTOR,CIVIL STATION P.O., COLLECTORATE, KOZHIKODE, PIN - 673020
      9. THE SECRETARY, ELAMKUNNAPUZHA GRAMA PANCHAYAT, ERNAKULAM, PIN -
         682511
     10. THE SECRETARY, VENGOLA GRAMA PANCHAYAT, VENGOLA P.O., ERNAKULAM, PIN
         - 683556
     11. THE SECRETARY KADINAMKULAM GRAMA PANCHAYAT, POTHENCODE,
 WP(C) No.42624/2024                    2/7                        Order Date : 06-02-2025

         THIRUVANANTHAPURAM, PIN -685 301., PIN - 695301
     12. THE SECRETARY, THRIKKOVILVATTOM GRAMA PANCHAYAT, MUKHATHALA P.O,
         KOLLAM, PIN - 691577
     13. THE SECRETARY, UNNIKULAM GRAMA PANCHAYAT, EKAROOL P.O., KOZHIKODE,
         PIN - 673574
     14. THE SECRETARY, VADAKARA MUNICIPALITY, VADAKARA P.O., KOZHIKODE, PIN
         - 673101
     15. REGISTRAR GENERAL AND CENSUS COMMISSIONER, GOVERNMENT OF INDIA,
         MINISTRY OF HOME AFFAIRS, NDCC BUILDING -II, JAISINGH ROAD, NEW
         DELHI, PIN - 110001


        Writ petition (civil) praying inter alia that in the circumstances
   stated in the affidavit filed along with the WP(C) the High Court be
   pleased to keep in abeyance all further proceedings pursuant to Exhibit
   P3, P5 to P9, P17 & P19 notifications, P13 & P18 guidelines, and to direct
   respondents 1, 2, 3 & 4 not to carry out the delimitation process in wards
   in the 9th to 14th respondent panchayats and municipality respectively and
   direct to conduct the delimitation process based on the latest voters list
   in the areas concerned and not based on the building numbers or house
   numbers or flat numbers, pending disposal of this writ petition.


        This petition again coming on for orders upon perusing the petition
   and the affidavit filed in support of WP(C) and this court's order dated
   12.12.2024 and upon hearing the arguments of M/S. ANOOP V.NAIR, TANOOSHA
   PAUL, AVANTHIKA R. & ASTEL JOSEPH, Advocates for the petitioners, SRI.
   DEEPU LAL MOHAN, STANDING COUNSEL for R2 to R8, SRI.BENZIR P. M. & AKHILA
   SHUKKOOR VELIYAVEETTIL, Advocates for R9,SRI.P.THOMAS GEEVARGHESE for
   R10,SRI.DINESH MATHEW J.MURICKEN, VINOD S PILLAI & NAYANA
   VARGHESE,Advocates for R11, and of SRI.RENJITH KUMAR V., STANDING COUNSEL
   for R12,SRI. VINOD SINGH CHERIYAN,T.M.KHALID & K.P.SUSMITHA,Advocates for
   R13, the court passed the following:
 WP(C) No.42624/2024                             3/7                         Order Date : 06-02-2025




                                    ZIYAD RAHMAN A.A., J.
                                  ========================
                           W.P(C) No.46542/ 2024, W.P(C) No.40309/ 2024,
                           W.P(C) No.42624/ 2024, W.P(C) No.43470/ 2024,
                            W.P(C) No.46523/ 2024, W.P(C) No.537/ 2025,
                            W.P(C) No.730/ 2025, W.P(C) No.1381/ 2025
                            W.P(C) No.1750/ 2025, W.P(C) No.2009/ 2025
                            W.P(C) No. 3612/ 2025, W.P(C) No.4176/ 2025
                                                  &
                                      W.P(C) No.46191/ 2024
                                  ========================
                              Dated this the 6th day of February, 2025

                                             ORDER

In most of these cases, the main challenge raised is against the

Constitutional validity of the Kerala Municipality (Amendment)

Act, 2024 and the Kerala Panchayat Raj (Amendment) Act, 2024.

As per the said amended provisions, the minimum and maximum

numbers of the wards/divisions in the respective Municipalities and

Panchayats are increased and consequently, a delimitation process is

to be carried out. According to the petitioners, it is without

fulfilling the mandate contemplated under Section 6(2) of the

Kerala Municipality Act and the Kerala Panchayat Raj Act.

2. Today when all these matters came up for consideration,

it was brought to the notice of this Court that, a learned Single

Judge of this Court has already disposed of seven writ petitions, WP(C) No.42624/2024 4/7 Order Date : 06-02-2025 W.P(C) No.46542/ 2024 & conn.cases.

which are numbered as W.P(C) Nos.39894/2024, 39810/2024,

39848/2024, 39939/2024, 39989/2024, 40460/2024 and 40592/202,

wherein this issue was considered. As against the judgment

rendered by the learned Single Judge in the said writ petitions, writ

appeals, numbered as W.A.Nos.194/2025, 198/2025, 199/2025,

201/2025, 202/2025, 203/2025 and 204/2025 are filed by the State

and the same are now pending before a Division Bench of this

Court. It is pointed out by the learned Counsels appearing for all

the parties that, the issue involved in these writ petitions are

substantially the same, which is being considered by the Division

Bench of this Court. Therefore, it was pointed out that all these

matters may be posted together before the Division Bench for

effective disposal of the same.

3. After going through the records available before me,

I am of the opinion that, the issues in these matters are substantially

similar to that of those pending before the Division Bench and

therefore, it is only proper that all these matters are heard together

by the Division Bench. Besides, the issues involved are also

matters of public importance and hence an authoritative WP(C) No.42624/2024 5/7 Order Date : 06-02-2025 W.P(C) No.46542/ 2024 & conn.cases.

pronouncement on the questions by a Division Bench may be

desirable.

In such circumstances, the Registry is directed to post these

matters before the Honourable Chief Justice, for appropriate

decision in this regard. The matter may be placed immediately,

taking note of the urgency in the matter, as the appeals are listed

before the Division Bench on 12.02.2025. Even though in W.P(C)

No.40309/2024, there is no challenge against the Amendment Act,

a decision taken in the writ appeals will have an impact on the issue

to be decided in that case as well. Therefore, that matter may also be

placed along with the other writ petitions.

Sd/-

ZIYAD RAHMAN A.A. JUDGE scs WP(C) No.42624/2024 6/7 Order Date : 06-02-2025

APPENDIX OF WP(C) 42624/2024 Exhibit P1 TRUE COPY OF THE KERALA PANCHAYAT RAJ (SECOND AMENDMENT ACT), 2024 DATED 09.07.2024 Exhibit P2 TRUE COPY OF THE KERALA PANCHAYAT RAJ (FIXING OF STRENGTH) RULES, 1994 DATED 01.09.2024 Exhibit P3 TRUE COPY OF THE NOTIFICATION BEARING NUMBER LSGD/PD/24269/2024-EER1 DATED 06.09.2024 ISSUED BY THE 1ST RESPONDENT Exhibit P4 TRUE COPY OF THE NOTIFICATION BEARING NO SDC/100/2024- SDC7 DATED 18.11.2024 Exhibit P5 TRUE COPY OF THE NOTIFICATION BEARING NO SDC/522/2024/SDC1 DATED 18.11.2024 SPECIFIC TO THE 5TH RESPONDENT PANCHAYAT REVISING AND VARYING THE NUMBER OF WARDS Exhibit P6 TRUE COPY OF THE NOTIFICATION BEARING NO SDC/513/2024/SDC1 DATED 18.11.2024 SPECIFIC TO THE 5TH RESPONDENT PANCHAYAT REVISING AND VARYING THE NUMBER OF WARDS Exhibit P7 TRUE COPY OF THE NOTIFICATION BEARING NO SDC/130/2024/SDC3 DATED 18.11.2024 ISSUED TO THE 8TH RESPONDENT PANCHAYAT Exhibit P8 TRUE COPY OF THE NOTIFICATION BEARING NO SDC/226/2024/SDC8 DATED 18.11.2024 ISSUED TO THE 9TH RESPONDENT PANCHAYAT Exhibit P9 TRUE COPY OF THE NOTIFICATION BEARING NO SDC/879/2024/SDC8 DATED 18.11.2024 ISSUED TO THE 10TH RESPONDENT PANCHAYAT Exhibit P10 TRUE COPY OF THE NOTIFICATION BEARING NO. G.O.(P). NO.

140/15/LSGD DATED 25.04.2015 ISSUED BY THE 1ST RESPONDENT Exhibit P11 TRUE COPY OF THE JUDGEMENT DATED 10.08.2015 PASSED IN WP(C) 15524/2015 Exhibit P12 TRUE COPY OF THE SRO NO. 138/2020 DATED 12.02.2020 Exhibit P13 TRUE COPY OF THE GUIDELINES DATED 24.09.2024 ISSUED BY THE 3RD RESPONDENT Exhibit P14 TRUE COPY OF THE RELEVANT PAGES OF THE REPORT OF THE 8TH RESPONDENT GRAMA PANCHAYAT Exhibit P15 TRUE COPY OF THE RELEVANT PAGES OF THE DATA SHOWING LIST OF PANCHAYAT, POPULATION AND NUMBER OF WARDS Exhibit P16 TRUE COPY OF THE KERALA MUNICIPALITY (2ND AMENDMENT) ACT, 2024 PASSED ON 09.07.2024 Exhibit P17 TRUE COPY OF THE NOTIFICATION NUMBER 813/2024 DATED 10.09.2024 Exhibit P18 TRUE COPY OF THE GUIDELINES DATED 24.09.2024 ISSUED BY THE 4TH RESPONDENT Exhibit P19 TRUE COPY OF THE NOTIFICATION BEARING NO.

SDC/1132/2024/SDC 8 DATED 18.11.2024 Exhibit P20 TRUE COPY OF THE OBJECTION SUBMITTED BY THE 3RD PETITIONER, DATED 02.12.2024 RESIDENT OF 11TH RESPONDENT PANCHAYAT BEFORE THE SECRETARY, 4TH RESPONDENT COMMISSION WP(C) No.42624/2024 7/7 Order Date : 06-02-2025

Exhibit P21 TRUE COPY OF THE OBJECTION SUBMITTED BY THE 6TH PETITIONER, DATED 02.12.2024 RESIDENT OF 13TH RESPONDENT PANCHAYAT BEFORE THE SECRETARY, 4TH RESPONDENT COMMISSION Exhibit P22 TRUE COPY OF THE OBJECTION SUBMITTED BY THE 5TH PETITIONER, DATED 04.12.2024 RESIDENT OF 12TH RESPONDENT PANCHAYAT BEFORE THE 6TH RESPONDENT Exhibit P23 TRUE COPY OF THE OBJECTION SUBMITTED BY THE 2TH PETITIONER, DATED NIL RESIDENT OF 10TH RESPONDENT PANCHAYAT BEFORE THE 7TH RESPONDENT Exhibit P24 TRUE COPY OF THE OBJECTION SUBMITTED BY THE 1ST PETITIONER, DATED 03.12.2024 RESIDENT OF 9TH RESPONDENT PANCHAYAT BEFORE THE 7TH RESPONDENT Exhibit P25 TRUE COPY OF THE OBJECTION SUBMITTED BEFORE THE SECRETARY, DATED NIL 4TH RESPONDENT COMMISSION Exhibit P26 TRUE COPY OF THE JUDGMENT IN WP(C) NOS. 39894, 39810, 39848, 39939, 39989. 40460 & 40592 OF 2024 DATED 18.12.2024.