K.M.Sukumaran v. State Election Commission
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE AG.CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE WEDNESDAY, THE 4TH DAY OF FEBRUARY 2015/15TH MAGHA, 1936 WA.No. 224 of 2015 () IN WP(C).16285/2014 ------------------------------------------- AGAINST THE JUDGMENT IN WP(C) 16285/2014 of HIGH COURT OF KERALA DATED 09-12-2014 -------------- APPELLANT/PETITIONER :- ------------------------ K.M.SUKUMARAN, AGED 68 YEARS S/O K.K.MAYILAN, RESIDING AT KOCHUVEETIL, NETAJI ROAD COUNCILLOR, ALUVA MUNICIPALITY, ALUVA - 683 101. BY ADV. SRI.BAISIL ATTIPETTY RESPONDENT(S)/RESPONDENTS :- -----------------------------
1. STATE ELECTION COMMISSION REPRESENTED BY ITS SECRETARY CORPORATION OFFICE BUILDING COMPLEX, L.M.S. JUNCTION THIRUVANANTHAPURAM-695033.
2. ALUVA MUNICIPALITY REPRESENTED BY ITS SECRETARY, ALUVA MUNICIPAL HOUSE PIN:683101, ERNAKULAM DISTRICT.
3. SECRETARY, ALUVA MUNICIPALITY, ALUVA MUNICIPAL HOUSE, PIN:683101, ERNAKULAM DISTRICT.
4. GRIGARY JOSEPH, XIV/275, KOLLAMPARAMBIL, ALUVA WEST ERNAKULAM-683101.
5. THE DISTRICT COLLECTOR ERNAKULAM, CIVIL STATION, KAKKANAD-682030.
6. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM, PIN:695001.
7. THE KERALA STATE COMMISSION FOR SCHEDULED CASTE AND SCHEDULED TRIBE, REPRESENTED BY ITS SECRETARY, VELLAYAMBALAM AYYANKALI BHAVAN, KANAKA NAGAR, VETTIYAR P.O. VELLAYAMBALAM, THIRUVANANTHAPURAM-695003.
WA.No. 224 of 2015 () IN WP(C).16285/2014 -------------------------------------------
8. OMBUDSMAN FOR LOCAL SELF GOVERNMENT INSTITUTIONS REPRESENTED BY ITS SECRETARY, SAPHALLAYAM COMPLEX TRIDA BUILDING, PALAYAM, UNIVERSITY P.O.
THIRUVANANTHAPURAM-695034.
9. ANUJA A.S. (FORMER MUNICIPAL SECRETARY, ALUVA MUNICIPALITY) NOW RESIDING AT COCHIN CORPORATION QUARTERS ERNAKULAM-682011.
R1 BY ADV. SRI.MURALI PURUSHOTHAMAN, SC,K.S.E.COMM BY SR.GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR R3 BY ADV.SRI.V.M.KURIAN THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 04-022015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jvt
WA.No.224 OF 2015 APPENDIX Appellant's Exhibits :- Annexure A1 :- Certified copy of judgment of the learned Single Judge of this Hon'ble Court dated 9.12.2014 in W.P.(C) No.16285 of 2014.
Annexure A2 :- True copy of W.P.(C) No.16285 of 2014 filed before this Honourable Court.
Annexure A3 :- True copy of petition to accept additional documents in the above writ petition submitted by the appellant/petitioner.
Annexure A4 :- True copy of counter affidavit filed on behalf of respondents 2 and 3 in the writ petition. Annexure A5 :- True copy of reply to the counter filed by the appellant/petitioner.
Respondent's Exhibits :- NIL.
//True Copy// P.A. to Judge
ASHOK BHUSHAN, Ag. C.J & A.M. SHAFFIQUE, J.
---------------------------------- W.A. No.224 of 2015 ----------------------------- Dated this the 4th day of February 2015
J U D G M E N T
Ashok Bhushan, Ag.CJ This writ appeal has been filed against the judgment dated 9.12.2014 passed in W.P.(C) No.16285 of 2014. 2.
Learned counsel for the appellant submits that the writ petition was filed challenging Ext.P17, the order passed by the Kerala State Election Commission. The writ petition was disposed of without prejudice to the petitioner to pursue his remedy before the Tribunal for Local Self Government Institutions, Thiruvananthapuram.
3.
Learned counsel for the respondents submits that in fact the petitioner never pressed before the learned Single Judge with a prayer to quash Ext.P17.
4.
Learned counsel for the appellant submits that he may be permitted to withdraw the writ appeal with liberty to file a review application before the learned Single Judge.
W.A. No.224 of 2015 -: 2 :- In view of the above submission, permission is granted to withdraw the writ appeal with liberty to file a review application before the learned Single Judge. Sd/- ASHOK BHUSHAN Ag. CHIEF JUSTICE Sd/- A.M. SHAFFIQUE JUDGE Jvt