Kerala High Court
Baby Francis vs State Of Kerala on 25 September, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:71808
WP(C) NO. 33599 OF 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 25TH DAY OF SEPTEMBER 2025 / 3RD ASWINA, 1947
WP(C) NO. 33599 OF 2025
PETITIONERS:
1 BABY FRANCIS
AGED 58 YEARS
W/O. FRANCIS, VELLARA HOUSE, GURUVAYUR VILLAGE,
MAMMIYUR DESOM, CHAVAKKAD TALUK, THRISSUR, PIN -
680101
2 P.V BADHARUDHEEN
AGED 55 YEARS
S/O. MOHAMMEDKUTTY, PANIKAVEETIL HOUSE, GURUVAYUR
VILLAGE, MAMMIYUR DESOM, CHAVAKKAD TALUK, THRISSUR,
PIN - 680101
BY ADVS.
SMT.SRUTHI RAJIT
SHRI.HEMANTH H.
SHRI.CRIS LIVIN AUGUSTINE
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PRINCIPAL DIRECTOR, LSGD, 1ST FLOOR,
SWARAJ BHAVAN, NANTHANCODU, THIRUVANANTHAPURAM, PIN
- 695003
2 STATE ELECTION COMMISSIONER
VIKAS BHAVAN, JANAHITHAM, NEAR LEGISLATIVE
ASSEMBLY, THIRUVANANTHAPURAM, PIN - 685033
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3 THE DISTRICT COLLECTOR
THRISSUR, FIRST FLOOR, CIVIL STATION, CIVIL LINES
RD, KALYAN NAGAR, AYYANTHOLE, THRISSUR,
PIN - 680003
4 THE JOINT DIRECTOR
LSGD, AYYANTHOLE, THRISSUR, KALYAN NAGAR,
AYYANTHOLE, THRISSUR, PIN - 680003
5 THE ELECTION DEPUTY COLLECTOR
CIVIL STATION, AYYANTHOLE, THRISSUR, PIN - 680001
6 GURUVAYUR MUNICIPALITY
REPRESENTED BY ITS SECRETARY, OUTER RING RD,
GURUVAYUR, THRISSUR, PIN - 680101
7 CHAVAKKAD MUNICIPALITY
REPRESENTED BY ITS SECRETARY, CHAVAKKAD, THRISSUR,
PIN - 680506
8 SUNIL K.C
AGED 45 YEARS
S/O CHANDRAN, KOONATH HOUSE, PERAKAM P.O,
CHAVAKKAD, THRISSUR, PIN - 680506
9 AKASH M.S
AGE, FATHER'S NAME AND ADDRESS NOT KNOWN TO THE
PETITIONER, PRESENTLY WORKING AS THE SECRETARY,
CHAVAKKAD MUNICIPALITY, CHAVAKKAD, THRISSUR,
PIN - 680506
BY ADVS.
SHRI.DEEPU LAL MOHAN, SC, STATE ELECTION
COMMISSION, KERALA
SRI.V.A.VINOD
SHRI.SUHAIL M.
SMT.SANDRA SUNNY
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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 25.09.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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C.S.DIAS, J.
---------------------------------------
W.P.(C) No.33599 of 2025
-----------------------------------------
Dated this the 25th day of September, 2025
JUDGMENT
The writ petition is filed to direct the respondents 1
to 5 to take immediate and appropriate action on Ext.P5
complaint submitted by the petitioner.
2. Aggrieved by the illegal inclusion of the 8 th
respondent in the electoral rolls of the 7 th respondent-
Municipality (Chavakkad Municipality), the petitioners
have preferred Ext.P5 complaint before the respondents 1
to 5 on 04.09.2025. But, no action has been taken in the
matter. The petitioners contend that, even though the 8 th
respondent has submitted a Form-4 application under the
Kerala Municipality (Registration of Electors) Rules, 1994
('Rules', in short) and the petitioners have submitted a
Form-5 objection before the 7th respondent, no orders
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have been passed on the said applications. Instead, the 7 th
respondent has arbitrarily included the 8 th respondent in
its voters list. The action of the 7th respondent, to include
the 8th respondent in the voters list, without considering
Form-4 application and Form-5 objection and without
hearing the parties, is patently illegal and arbitrary.
Hence, the writ petition.
3. In the statement filed by the 2nd respondent it
is contended that, the 2nd respondent had called for a
report from the 7th respondent, who reported that order
dated 01.08.2025 has been passed on the Form-4
application, as evidenced by Annexure R2(a) letter with
enclosures. As orders have been passed as per the
procedure contemplated under the Rules, there is no
illegality in the process followed by the 7 th respondent in
including the 8th respondent in its voters list.
4. Heard; the learned counsel for the petitioners,
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the learned Government Pleader and the respective
learned Standing Counsel for the respondents.
5. Indisputably an order passed on a Form-4
application is appealable under Rule 22 of the Rules.
6. As the petitioners have an alternative
statutory remedy, and finding that there are no extra-
ordinary circumstances to entertain the writ petition, I
am not inclined to entertain the writ petition.
In the aforesaid circumstances, I close the writ
petition, which is without prejudice to the right of the
petitioners to work out their remedies in accordance with
law.
Sd/-
C.S.DIAS, JUDGE
dkr
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APPENDIX OF WP(C) 33599/2025
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE RELEVANT PAGE OF THE
OF GURUVAYUR MUNICIPALITY
Exhibit P2 A TRUE COPY OF THE COMPLAINT, DATED 02-
08-2025 SUBMITTED BY THE 1ST PETITIONER
TO THE 7TH RESPONDENT
Exhibit P2(a) A TRUE COPY OF THE ACKNOWLEDGEMENT
RECEIPT ISSUED BY THE 7TH RESPONDENT
Exhibit P3 A TRUE COPY OF THE BUILDING CERTIFICATE
DATED 13-04-2025
Exhibit P4 A TRUE COPY OF THE RELEVANT PAGE OF THE
OF CHAVAKKAD MUNICIPALITY
Exhibit P5 A TRUE COPY OF THE COMPLAINT TO THE STATE
ELECTION COMMISSION AND OTHERS, DATED 04-
09-2025
RESPONDENT ANNEXURES
Annexure-R2(a) The true copy of letter No.A24450201/25
dated 12-09-2025 along with enclosures
submitted by the Secretary, Chavakkad
Municipality before the State Election
Commission
