High Court of KeralaWP(C)/24259/2015disposed of

N.P.Babu v. State Of Kerala

2015-09-03Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH THURSDAY, THE 3RD DAY OF SEPTEMBER 2015/12TH BHADRA, 1937 WP(C).No. 24259 of 2015 (F) ---------------------------- PETITIONER :

---------------------- N.P.BABU, SECRETARY, COMMUNIST PARTY OF INDIA, MARXIST, PERAMBRA AREA COMMITTEE, RESIDING AT PANIYANCHATHAMOOLAYIL, THANDORAPPARA, PERAMBRA, KOZHIKODE.

BY ADVS.SRI.P.C.SASIDHARAN SRI.E.S.ASHRAF SRI.ARAVINDA KUMAR BABU T.K.

RESPONDENT(S):

----------------------------

1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001.

2. THE DELIMITATION COMMITTEE, REPRESENTED BY ITS COMMISSIONER, RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001.

3. THE KERALA ELECTION COMMISSION, KERALA, REPRESENTED BY ITS SECRETARY, OFFICE OF THE ELECTION COMMISSION, KERALA, THIRUVANANTHAPURAM-695 001.

4. PERAMBRA BLOCK PANCHAYAT, REPRESENTED BY ITS SECRETARY, OFFICE OF THE PERAMBRA BLOCK PANCHAYAT, PERAMBRA, KOZHIKODE DISTRICT. PIN-673 525 R1 BY GOVERNMENT PLEADER SMT. K.A.SANJEETHA R2 & R3 BY SRI.MURALI PURUSHOTHAMAN,SC R4 BY ADV. SRI.S.MANU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03-09-2015,ALONG WITH WP(C).NO.24959 OF 2015 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts

WP(C).No. 24259 of 2015 (F) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1:

THE RELEVANT PORTION OF THE NOTIFICATION.

EXHIBIT P2:

TRUE COPY OF THE OBJECTION DATED 11.7.2015 PREFERRED BY THE PETITIONER.

EXHIBIT P3:

TRUE COPY OF THE ORDER DATED 8.4.2015 CONSTITUTING THE DELIMITATION COMMITTEE.

EXHIBIT P4:

TRUE COPY OF THE LOCATION SKETCH OF THE EXISTING AREA OF PANCHAYAT.

EXHIBIT P5:

TRUE COPY OF THE ROUGH SKETCH OF THE PROPOSED BLOCK PANCHAYAT.

EXHIBIT P6:

TRUE COPY OF THE NEWS APPEARED IN THE NEWS PAPER DAILY DATED 4.8.2015.

RESPONDENT(S)' EXHIBITS:

NIL ----------------------------------------- /TRUE COPY/ P.A.TO JUDGE sts

V. CHITAMBARESH, J -------------------------------- WP(C) NOs. 24259, 24959, 24984, 25014, 25499, 25504, 25921, 26076 & 26104 OF 2015 ------------------------------------ Dated this the 3rd day of September, 2015

JUDGMENT

The notification dated 03.08.2015 issued by the Department of Local Self Government is impugned in these writ petitions. It is now reported that the notification dated 03.08.2015 is superseded by another notification dated 26.08.2015 by the Department of Local Self Government. 2.

The notification dated 26.08.2015 is ofcourse preliminary and final notification is yet to be published. Any person aggrieved by the final notification is free to challenge the same appropriately.

All the contentions in these writ petitions are left open. The Writ Petitions are disposed of.

V. CHITAMBARESH JUDGE ncd