Kurukuttipoyil Action Committee v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY, THE 22ND DAY OF SEPTEMBER 2015/31ST BHADRA, 1937H WP(C).No. 28412 of 2015 (B) ---------------------------- PETITIONER:

------------------- KURUKUTTIPOYIL ACTION COMMITTEE REPRESENTED BY THE CHAIRMAN SOJAN K GEORGE, KARIKKAL HOUSE, BHEEMANADY, KASARAGOD 671 314.

BY ADVS.SRI.SEBASTIAN PAUL SRI.S.VIJAYAKUMAR (NALLOOR) SRI.RON BASTIAN SRI.BEN TOM RESPONDENTS:

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

STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY LOCAL SELF GOVERNMENT (EM) DEPARTMENT, GOVERNMENT SECRETARIAT (ANNEXE) THIRUVANANTHAPRUAM 695 001.

2.

THE DIRECTOR OF PANCHAYATHS THIRUVANANTHAPRUAM 695 001.

3.

THE DEPUTY DIRECTOR OF PANCHAYATHS KASARAGOD 670 121.

ADDL. 4.

STATE ELECTION COMMISSION THIRUVANANTHAPRUAM ADDL. R4 IS IMPLEADED SUO MOTU AS PER ORDER DATED 18.09.2015. R4 BY ADV. MURALI PURUSHOTHAMAN(B/O) BY GOVERNMENT PLEADER SMT. K.A. SANJEETHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) NO. 28412/2015 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1 :

A MAP OF THE LOCALITY.

EXHIBIT P2 :

THE REPRESENTATION DATED 03.07.2014 SUBMITTED BEFORE THE SECRETARY, KINANOOR - KARINTHALAM GRAMA PANCHAYAT. EXHIBIT P3 :

THE REPRESENTATION DATED 29.08.2014 SUBMITTED BEFORE THE LOCAL SELF GOVERNMENT MINISTER.

EXHIBIT P4 :

THE REPRESENTATION DATED 27.11.2014 SUBMITTED BEFORE THE PANCHAYAT DEPUTY DIRECTOR, KASARAGOD EXHIBIT P5 :

THE REPRESENTATION DATED 23.05.2015 GIVEN TO THE CHIEF MINISTER.

EXHIBIT P6 :

THE LETTER DATED 21.07.2014 ISSUED BY THE SECRETARY, KINANOOR-KARINTHALAM GRAMA PANCHAYAT.

EXHIBIT P7 :

THE REPORT DATED 29.12.2014 OF THE PANCHAYAT DELIMITATION COMMITTEE.

EXHIBIT P8 :

TRUE COPY OF THE NOTICE DATED 26.02.2015.

EXHIBIT P9 :

TRUE COPY OF THE NOTIFICATION DATED 25.04.2015. EXHIBIT P10 :

TRUE COPY OF THE LETTER DATED 27.07.2015 SUBMITTEDBY THE THIRD RESPONDENT TO THE DISTRICT COLLECTOR, KASARAGOD RESPONDENT(S) EXHIBITS : NIL /TRUE COPY/ P.A. TO JUDGE.

V. CHITAMBARESH, J -------------------------------- WP(C) NO. 28412 OF 2015 ------------------------------------ Dated this the 22nd day of September, 2015

JUDGMENT

Similar writ petition has been disposed of by judgment dated 08.07.2015 in WP(C) No. 3212/2015. The operative part of the judgment therein is extracted below:

"As it is too late to direct the Government to consider the request of the petitioner for bifurcation, this writ petition is disposed of directing the respondent State to consider the grievance of the petitioner before the next general election for the local bodies to be held in the year 2020."

2.

The directions in the above judgment will govern the present writ petition also. The petitioner in other words is entitled to have his grievance ventilated before the next general election for the local bodies in the year 2020. The Writ Petition is disposed of.

V. CHITAMBARESH JUDGE ncd