Ramakrishnan C. v. The State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH THURSDAY, THE 10TH DAY OF SEPTEMBER 2015/19TH BHADRA, 1937 WP(C).No. 25345 of 2015 (P) ---------------------------- PETITIONER(S):

---------------- RAMAKRISHNAN.C., AGED 55 YEARS S/O.NARAYANAN NAIR, CHERATH HOUSE, KUTTIPPALA, VATTAMKULAM PIN - 679 578, MALAPPURAM DISTRICT.

BY ADVS.SRI.P.CHANDRASEKHAR SRI.S.PRASANTH SRI.SOORAJ T.ELENJICKAL SRI.P.A.MOHAMMED SHAH SMT.UMA SRI.K.NANDAKUMAR SMT.V.A.HARITHA SMT.P.M.MAZNA MANSOOR RESPONDENT(S):

------------------- 1.

THE STATE OF KERALA REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT OF KERALA SECRETARIATE, THIRUVANANTHAPURAM - 695 001.

2.

THE PRINCIPAL SECRETARY, GOVERNMENT OF KERALA, DEPARTMENT OF LOCAL SELF GOVERNMENT, SECRETARIATE ANNEX, THIRUVANANTHAPURAM - 695 001. 3.

THE PANCHAYAT DIRECTOR, OFFICE OF THE DIRECTOR OF PANCHATATS, THIRUVANANTHAPURAM - 695 001 4.

PONANI BLOCK PANCHAYAT REPRESENTED BY ITS SECRETARY EDPAL P.O., MALAPPURAM DISTRICT - 679 576.

ADDL. 5.

THE KERALA STATE ELECTION COMMISSION REPRESENTED BY ITS SECRETARY CORPORATION OFFICE COMPLEX THIRUVANANTHAPURAM.

WP(C) NO.25345/2015 : 2 :

ADDL.6.

KERALA DELIMITATION COMISSION, REPRESENTED BY ITS SECRETARY CORPORATION OFFICE COMPLEX, LMS JUNCTION, THIRUVANANTHAPURAM.

(ADDL. R5 & R6 ARE SUO-MOTU IMPLEADED AS PER ORDER DATED 19.8.2015) R4 BY ADV. SRI.A.KRISHNAN R5,6 BY SRI.MURALI PURUSHOTHAMAN(SC)(B/O) R BY GOVERNMENT PLEADER SMT.ANITHA RAVINDRAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

APPENDIX IN W.P.(C) No.25345 of 2015 PETITIONER(S) EXHIBITS EXHIBIT P1 :

TRUE COPY OF STATEMENT CONTAINING THE DETAILS OF PONANI BLOCK PANCHAYAT.

EXHIBIT P2 :

TRUE COPY OF NOTIFICATION NO.35526/E.M3/2004/LSGD DATED 29.6.2015 OF THE FIRST RESPONDENT EXHIBIT P3 :

TRUE COPY OF THE DECISION NO.1 (1) DATED 8.7.2015 OF PONANI BLOCK PANCHAYAT.

EXHIBIT P4 :

TRUE COPY OF LETTER DATED 10.7.2015 OF THE FOURTH RESPONDENT TO the SECOND RESPONDENT.

EXHIBIT P5 :

TRUE COPY OF SKETCH OF THE PROPOSED NEW EDAPAL BLOCK PANCHAYAT AREA.

EXHIBIT P6 :

TRUE COPY OF THE NOTIFICATION GO(P) NO.255/2015/LSGD DATED 3.8.2015 OF THE FIRST RESPONDENT.

EXHIBIT P7 :

TRUE COPY OF NOTIFICATION NO.J3-130000/2015 DATED 6.8.2015.

RESPONDENT(S) EXHIBITS NIL.

//TRUE COPY// P.S. TO JUDGE.

V.CHITAMBARESH, J.

--------------------- W.P (C) No.25345 of 2015 --------------------- Dated this the 10th day of September, 2015

J U D G M E N T

The notification dated 3.8.2015 issued by the Department of Local Self Government is impugned in this writ petition.

It is now reported that the notification dated 3.8.2015 is superseded by another notification dated 26.8.2015 by the Department of Local Self Government.

2. The notification dated 26.8.2015 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 this writ petition are left open. The Writ Petition is disposed of. Sd/- V.CHITAMBARESH, Judge.

nj.