Kerala High Court
K.M. Sinoj Kumar vs State Of Kerala on 17 July, 2025
W.A.No.1516 of 2025 1 2025:KER:52535
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE SUSHRUT ARVIND DHARMADHIKARI
&
THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.
TH
THURSDAY, THE 17
DAY OF JULY 2025 / 26TH ASHADHA,
1947
WA NO. 1516 OF 2025
AGAINST THE ORDER DATED IN WP(C) NO.21675 OF 2025
OF HIGH COURT OF KERALA
APPELLANTS/PETITIONERS:
1
.M. SINOJ KUMAR
K
AGED 43 YEARS
S/O. MANIAN, RESIDING AT KALATHIPARAMBIL HOUSE,
PUTHUVYPU P.O, ERNAKULAM DISTRICT, PIN - 682508
2
HIHAB PALLIKAL
S
AGED 44 YEARS
S/O. ABDUL RAHMAN, RESIDING AT PALLIKKAL HOUSE,
VENGOLA P.O, ERNAKULAM DISTRICT, PIN - 683556
3
OSE NICHOLAS
J
AGED 52 YEARS
S/O. NICHOLAS, RESIDING AT ARTHIYIL PUTHUVAL
PURAAYIDOM, MAIANAD, PUTHUKURICHY P.O,
THIRUVANANTHAPURAM, PIN - 695303
4
ARRISON H.P
H
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
W.A.No.1516 of 2025 2 2025:KER:52535
GED 51 YEARS
A
W/O. M. THOMASKUTTY, KAITHAPUZHA, PYARIMA, ST.
JUDE NAGAR, ALUMMOOD P.O, MUKHATHALA, KOLLAM,
PIN - 691577
6
INOY E.T
B
AGED 46 YEARS
S/O UNNIKRISHNAN KARUMALA P.O, SIVAPURAM,
KOZHIKODE, PIN - 673612
7
IYAS R
R
AGED 37 YEARS
RESIDING AT DARUSSALAM, PANAPPETTY, PORUVAZHY,
SASTHAMCOTTA, KOLLAM, PIN - 690520
8
AIJU AUGUSTIN
L
AGED 42 YEARS
S/O AUGUSTIN ERULY (H), AYYAMPUZHA P.O
KOLLAKKODE, TRIVANDRUM, PIN - 683581
9
J JAMES
K
AGED 52 YEARS
S/O. JACOB RESIDING AT KARIKKAL HOUSE,
MAILATTY,PANATHADY, PANATHOOR P.O., KASARGOD, PIN -
671532
10
AJITH V
R
AGED 49 YEARS
S/O NARAYANAN. RESIDING AT KANDAMBETH VEEDU,
NARATHU P.O KANNUR, PIN - 670601
11
ANTHOSH AV,
S
AGED 44 YEARS
S/O VARGHESE RESIDING AT ARUMANA HOUSE,
SANKARAMPADY P.O KASARGOD, PIN - 671541
12
RAMESAN
K
AGED 62 YEARS
S/O NARAYANAN NAIR RESIDING AT KIZHAKKAYIL
HOUSE, EDAKULAM P.O KOZHIKODE, PIN - 673306
W.A.No.1516 of 2025 3 2025:KER:52535
13
.S ABIN
R
AGED 41 YEARS
S/O G RAMCHANDRAN RESIDING AT AMARAVATI (H),
MAYYANAD P.O KOLLAM, PIN - 691303
14
.K. NADHAN
V
AGED 27 YEARS
S/O TRIVIKRAMAN RESIDING AT KANDATHIL ANUGRAHA,
KARUVATTA P.O. HARIPPAD, ALAPPUZHA DISTRICT, PIN
- 690517
15
IMMILAL S S
S
AGED 55 YEARS
S/O SREEVALSAN. N RESIDING AT SIVADEEPAM,
KOTTAKERAM, PARIPPALLY P.P, KOTTAKERAM, KOLLAM,
PIN - 691574
16
INOD VARGHESE
V
AGED 45 YEARS
S/O VARGHESE RESIDING AT VETTAMTHADATHIL (H),
NAYIKEYAM, ATTAYAKKANAM P.O, KASARGOD DISTRICT,
PIN - 671531
17
AJEEVAN
S
AGED 49 YEARS
S/O GOVINDANKUTTY RESIDING AT NADUVILLEMAKKATTU (H)
NADUVANNUR P.O, KOZHIKODE, PIN - 673614
18
K MUHAMMED KUNJI
E
AGED 54 YEARS
S/O MOIDEEN RESIDING AT SAHANAS MANZIL, SEETHANGOLI
EDANAD P.O.., KASARGOD, PIN - 671321
Y ADVS.
B
SHRI.ANOOP V.NAIR
SMT.TANOOSHA PAUL
SMT.AYSHA ABRAHAM
SHRI.ATHUL P.
RESPONDENTS/RESPONDENTS:
W.A.No.1516 of 2025 4 2025:KER:52535
1
TATE OF KERALA
S
REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2
HE PRINCIPAL SECRETARY
T
LOCAL SELF GOVT. DEPARTMENT, GOVERNMENT
SECRETARIATE, THIRUVANANTHAPURAM, PIN - 695001
3
HE STATE ELECTION COMMISSION
T
REPRESENTED BY ITS COMMISSIONER, OFFICE OF THE
STATE ELECTION COMMISSION, CORPORATION OFFICE
COMPLEX, LMS JUNCTION, PALAYAM,
THIRUVANANTHAPURAM, PIN - 695033
4
HE STATE DELIMITATION COMMISSION
T
REPRESENTED BY THE CHAIRMAN, OFFICE OF THE STATE
ELECTION COMMISSION, CORPORATION OFFICE COMPLEX,
LMS JUNCTION, PALAYAM, THIRUVANANTHAPURAM, PIN -
695033
5
HE DISTRICT ELECTION OFFICER/DISTRICT COLLECTOR
T
OFFICE OF THE DISTRICT COLLECTOR, FIRST FLOOR,
CIVIL STATION, KAKKANAD ERNAKULAM, PIN - 682030
6
HE DISTRICT ELECTION OFFICER/DISTRICT COLLECTOR
T
OFFICE OF THE DISTRICT COLLECTOR, CIVIL STATION,
KUDAPPANAKUNNU, THIRUVANANTHAPURAM, PIN - 695043
7
HE DISTRICT ELECTION OFFICER/DISTRICT COLLECTOR
T
OFFICE OF THE DISTRICT COLLECTOR, CIVIL STATION,
KOLLAM, PIN - 691013
8
HE DISTRICT ELECTION OFFICER/DISTRICT COLLECTOR
T
OFFICE OF THE DISTRICT COLLECTOR, CIVIL STATION,
KASARAGOD, PIN - 671123
9
HE DISTRICT ELECTION OFFICER/DISTRICT COLLECTOR
T
OFFICE OF THE DISTRICT COLLECTOR, CIVIL STATION,
KANNUR, PIN - 670002
W.A.No.1516 of 2025 5 2025:KER:52535
10
HE DISTRICT ELECTION OFFICER/DISTRICT COLLECTOR
T
OFFICE OF THE DISTRICT COLLECTOR, CIVIL STATION,
KANNUR, PIN - 670002
11
HE DISTRICT ELECTION OFFICER/DISTRICT COLLECTOR
T
OFFICE OF DISTRICT COLLECTOR CIVIL STATION,
ALAPPUZHA, PIN - 688001
12
HE ELAMKUNNAPUZHA GRAMA PANCHAYAT
T
ELAMKUNNAPUZHA, ERNAKULAM REPRESENTED BY ITS
SECRETARY, PIN - 682511
13
HE VENGOLA GRAMA PANCHAYAT
T
VENGOLA P.O., ERNAKULAM REPRESENTED BY ITS
SECRETARY, PIN - 683556
14
HE KADINAMKULAM GRAMA PANCHAYAT
T
KADINAMKULAM POTHENCODE, THIRUVANATHAPURAM
REPRESENTED BY ITS SECRETARY, PIN - 695301
15
HE THRIKKOVILVATTOM GRAMA PANCHAYAT
T
THRIKKOVILVATTOM, MUKHATHALA P.O, KOLLAM
REPRESENTED BY ITS SECRETARY, PIN - 691577
16
HE UNNIKULAM GRAMA PANCHAYAT
T
UNNIKULAM EKAROOL P.O, KOZHIKODE REPRESENTED BY
ITS SECRETARY, PIN - 673574
17
HE SASTHAMCOTTA GRAMA PANCHAYAT
T
SASTHAMCOTTA , KOLLAM REPRESENTED BY ITS
SECRETARY, PIN - 690521
18
HE AYYAMPUZHA GRAMA PANCHAYAT
T
AYYAMPUZHA , ERNAKULAM REPRESENTED BY ITS
SECRETARY, PIN - 683581
19
HE PANATHADI GRAMA PANCHAYAT
T
PANATHADI , KASARGODE REPRESENTED BY ITS
SECRETARY, PIN - 671532
W.A.No.1516 of 2025 6 2025:KER:52535
20
HE NARATHU GRAMA PANCHAYAT
T
NARATHU , KANNUR REPRESENTED BY ITS SECRETARY, PIN
- 670601
21
HE KUTTIKKOL GRAMA PANCHAYAT
T
KUTTIKKOL , KASARGOD REPRESENTED BY ITS SECRETARY,
PIN - 671541
22
HE CHENGOTTUKAVU GRAMA PANCHAYAT
T
CHENGOTTUKAVU , KOZHIKODE REPRESENTED BY ITS
SECRETARY, PIN - 673306
23
HE MAYYANADU GRAMA PANCHAYAT
T
MAYYANADU , KOLLAM REPRESENTED BY ITS SECRETARY,
PIN - 691303
24
HE KARUVATTA GRAMA PANCHAYAT
T
KARUVATTA , ALAPPUZHA REPRESENTED BY ITS
SECRETARY, PIN - 690517
25
HE KALLUVATHILKKAL GRAMA PANCHAYAT
T
KALLUVATHILKKAL , KOLLAM REPRESENTED BY ITS
SECRETARY, PIN - 691578
26
HE KODOM BELUR GRAMA PANCHAYAT
T
KODOM BELUR , KASARGOD REPRESENTED BY ITS
SECRETARY, PIN - 671532
27
HE NADUVANNUR GRAMA PANCHAYAT
T
NADUVANNUR, KOZHIKODE REPRESENTED BY ITS
SECRETARY, PIN - 673614
28
HE PUTHIGE GRAMA PANCHAYAT
T
KASARGODE REPRESENTED BY ITS SECRETARY., PIN -
671321
29
EGISTRAR GENERAL AND CENSUS COMMISSIONER,
R
GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS,
NDCC BUILDING -II, JAISINGH ROAD, NEW DELHI, PIN -
110001
W.A.No.1516 of 2025 7 2025:KER:52535
Y ADVS.
B
SHRI.DEEPU LAL MOHAN, SC, STATE DELIMITATION
COMMISSION
SHRI.P.M.BENZIR
SHRI.V.RENJITH KUMAR, SC, THRIKKOVILVATTOM GRAMA
PANCHAYAT, KOLLAM
SHRI.M.R.SASITH PANICKER, SC, MAYYANAD GRAMA
PANCHAYAT
SHRI.DEEPU LAL MOHAN, SC, STATE ELECTION
COMMISSION, KERALA
SMT.ANUPAMA RAJENDRAN
SRI.SUNIL KUMAR KURIAKOSE, GP
SRI.S.KRISHNA - CGC
SRI.DINESH MATHEW J.MURICKEN
THIS
WRIT
APPEAL
HAVING BEEN
FINALLY
HEARD
ON
9.07.2025,
0 THE COURT ON
17.07.2025 DELIVERED
THE
FOLLOWING:
W.A.No.1516 of 2025 8 2025:KER:52535
JUDGMENT
Sushrut Arvind Dharmadhikari, J.
This intra-court appeal under Section5oftheKeralaHighCourt
Act, 1958, assails the interim order dated 16.06.2025 passed in
W.P(C)No.21675 of 2025, whereby the learned Single Judge has
declined to grant interim relief to the appellants/petitioners.
2. The appellants hadfiledthewritpetitionseekingthefollowing
reliefs:-
" (i) To issue awritofcertioraricallingfortherecordsleadingto
Exts. P5 to 9 P12, P15, P18, P22, P26, P29,P31, P33,
P37,P38,P40 and P43 andquashExhibitsP5toP9,P12,P15,
P18, P22, P26,P29,P31, P33, P37,P38,P40 and P43 ordersto
the extent theyareviolatingthestatutoryobligationsasperthe
directions, regulations and guidelines in Exhibit P3 and hence
set aside the above final notifications issued by the 4th
respondent.
(ii) To issue awritofMandamusorderordirectiondirectingthe
respondents1to11toundertakethedivisionofthePanchayats
of 7th, 12th and 16th petitioners by considering the enquiry
reports and direct to conduct it onlybasedontheguidelinesin
ExhibitP3anddoasperthedirectionsinthejudgmentinWP(C)
42624/24 in paragraphs 6&7.
(iii)ToissueawritofMandamusorderordirectiondirectingthe
respondents 1 to 11 to consider the factual contentions of the
2nd and 3rd petitioners given in objections and reconduct the
process of delimitation in the Petitioners' Panchayats by
complying with the directions in the P3 guidelines and also as
per the observations and directions in the judgment in WP(C)
42624 of 2024, in paragraphs 6 and 7.
(iv)ToappointaJudicialcommissioncomprisingof3to5retired
High court Judges or retired Judicial Officers or advocates
commissiontoassesstheprocessofdelimitationdonenowand
go into its mistakes committed by the 4th respondent,
considering the statutes and guidelines already existing in the
W.A.No.1516 of 2025 9 2025:KER:52535
atter and prepare a detailed report and submit before this
m
Hon'bleCourtforfurtheractionsanddirecttherespondents1to
29 not to implement the delimitation process being conducted
nowandnottoproceedfurther,untilareportissubmittedbyany
of the said commissions.
(v) To issueawritofMandamusorderordirectiondirectingthe
respondents 1 to 4 to include the U/A buildings in the coastal
areaofthe14threspondentPanchayatinthenewvoterslistand
in the delimitation process, and exclude flats and villas which
don't have local voters as residents, from the list of residential
buildingscountedalreadybytherespondents1to4andinclude
theU/AhousesanditsresidentsalsoinallovertheState,inthe
voters list to be published and have a proper delimitation
processinthestate,basedontheExhibitP3guidelines,statutes
and 2011 census.
(vi)ToissueawritofMandamusorderordirectiondirectingthe
respondents 1 to 4, not to execute or proceed with the
publishing of fresh voters list basedonthepresentdelimitation
notifications produced as Exts. P5-P9, P12, P15, P18, P22,
P26,P29,P31, P33, P37,P38,P40andP43anddirecttopublish
thevoterslistonlyafterconductingaproperdelimitationprocess
according to the ActandRulesandaccordingtotheguidelines
ExhibitP3issuedbytheDelimitationCommissioninthematter,
and also based on the observations and directions in the
judgment in Para 6&7 in WP(C) 42624 of 2024, in a proper
mannerafterconsideringtheobjectionsofthepetitionersintheir
Panchayats.
INTERIM RELIEF
For the reasons stated in the writ petition filed herewith it is
prayed that this Hon'ble Court may be pleased to appoint a
Judicial commission comprising of 3 to 5 retired High court
Judges or retired Judicial Officers or advocates commission to
assess the process of delimitation done now and go into its
mistakes committed by the 4th respondent, considering the
statutes and guidelines already existing in the matter and
prepare a detailed report and submit before this Hon'bleCourt
for further actions and direct the respondents 1 to 29 not to
implement the delimitation process being conducted now and
not to proceed further, until a report is submittedbyanyofthe
said commissions."
3. The learned counsel for the appellants submitted that the
learned Single Judge vide the impugned order admitted the writ
W.A.No.1516 of 2025 10 2025:KER:52535
petition;however,declinedtogranttheinterimreliefasprayedforinthe
writ petition. However, made it clear that the final delimitation
notification would be subject to the outcome of the writ petition. He
further contended that the learned Single Judge failed to consider the
factthatthefinalvoterslistwouldbepublishedverysoonandtherefore,
iftheinterimreliefisnotgranted,thenirreparablelosswouldbecaused
to the appellants.
4.Percontra,thelearnedcounselappearingfortherespondents
vehemently opposed the aforesaid prayer and submitted that it is a
well-settled legal position that a writ appeal againstaninterimorderis
not maintainable. Therefore, this Hon'ble Court may dismiss the writ
appeal.
5.Onperusaloftheinterimreliefasclaimedinthewritpetition,it
can beseenthattheappellantshadprayedforadirectiontoappointa
Judicial Commission comprising 3 to 5 retired High Court judges or
retiredJudicialOfficersorAdvocateCommissiontoassesstheprocess
ofdelimitationdonenowandgointothemistakescommittedbythe4th
respondent.
6.Inthepresentcase,sincetheinterimorderpassedisnotinthe
nature of a final relief, the writ appeal would not be maintainable.
W.A.No.1516 of 2025 11 2025:KER:52535
Moreover,thelearnedSingleJudgehasalreadyobservedthatthefinal
delimitation notification would be subject to the outcome of the writ
petition.Assuch,thelearnedSingleJudgehasnotcommittedanyerror
inrejectingtheprayerforinterimrelief.Nofinaldecisionhasbeentaken
as yet. Therefore, the present writ appeal is not maintainable.
7. In viewoftheafore,weareoftheconsideredopinionthatthe
interim relief prayedforcannotbegranted,asthesamewouldamount
to granting the final relief. Therefore, no error is found in the order
passed by the learned Single Judge.
Accordingly, the present writ appeal being bereft of merit and
substance is hereby dismissed at the admission stage itself.
Sd/-
SUSHRUT ARVIND DHARMADHIKARI
JUDGE
Sd/-
SYAM KUMAR V.M.
JUDGE
MC/11.7
W.A.No.1516 of 2025 12 2025:KER:52535
APPENDIX OF WA 1516/2025
PETITIONER EXHIBITS
xhibit P42
E nglish Translation of Exhibit P42
E
Exhibit P3
English Translation of Exhibit P3
Exhibit P4
English Translation of Exhibit P4
Exhibit P4(a)
English Translation of Exhibit P4(a)
Exhibit p4(b)
English Translation of Exhibit P4(b)
Exhibit P(c)
English Translation of Exhibit P4(c)
Exhibit P4(d)
English Translation of Exhibit P4(d)
Exhibit P4(e)
English Translation of Exhibit P4(e)
Exhibit P4(f)
English Translation of Exhibit P4(f)
Exhibit P4(g)
English Translation of Exhibit P4(g)
Exhibit P4(i)
English Translation of Exhibit P4(i)
Exhibit P4(j)
English Translation of Exhibit P4(j)
Exhibit P4(k)
English Translation of Exhibit P4(k)
Exhibit P4(l)
English Translation of Exhibit P4(l)
Exhibit P4(m)
English Translation of Exhibit P4(m)
Exhibit P4(o)
English Translation of Exhibit P4(o)
Exhibit P8
English Translation of Exhibit P8
Exhibit P5
English Translation of Exhibit P5
Exhibit P6
English Translation of Exhibit P6
Exhibit P7
English Translation of Exhibit P7
Exhibit P10
English Translation of Exhibit P10
Exhibit P11
English Translation of Exhibit P11
Exhibit P12
English Translation of Exhibit P12
Exhibit P13
English Translation of Exhibit P13
Exhibit P14
English Translation of Exhibit P14
Exhibit P15
English Translation of Exhibit P15
Exhibit P17
English Translation of Exhibit P17
Exhibit P18
English Translation of Exhibit P18
Exhibit P19
English Translation of Exhibit P19
Exhibit P20
English Translation of Exhibit P20
Exhibit P22
English Translation of Exhibit P22
W.A.No.1516 of 2025 13 2025:KER:52535
xhibit P24
E nglish Translation of Exhibit P24
E
Exhibit P26
English Translation of Exhibit P26
Exhibit P27
English Translation of Exhibit P27
Exhibit P28
English Translation of Exhibit P28
Exhibit P29
English Translation of Exhibit P29
Exhibit P30
English Translation of Exhibit P30
Exhibit P32
English Translation of Exhibit P32
Exhibit P33
English Translation of Exhibit P33
Exhibit P34
English Translation of Exhibit P34
Exhibit P35
English Translation of Exhibit P35
Exhibit P36
English Translation of Exhibit P36
Exhibit P38
English Translation of Exhibit P38
Exhibit P39
English Translation of Exhibit P39
Exhibit P41
English Translation of Exhibit P41
Exhibit P4(h)
English Translation of Exhibit P4(h)
Exhibit P4(n)
English Translation of Exhibit P4 (n)
Exhibit P9
English Translation of Exhibit P9
Exhibit P16
English Translation of Exhibit P16
Exhibit P25
English Translation of Exhibit P25
Exhibit P31
English Translation of Exhibit P31
Exhibit P37
English Translation of Exhibit P37
Exhibit P43
English Translation of Exhibit P43
Exhibit P45
English Translation of Exhibit P45
Exhibit P46
English translation of Exhibit P46
Exhibit P40
English Translation of Exhibit P40
