K.A.Kader Master v. State Of Kerala

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 FRIDAY, THE 25TH DAY OF SEPTEMBER 2015/3RD ASWINA, 1937 WP(C).No. 29067 of 2015 (S) ------------------------------------------ PETITIONER(S) :

------------------------- K.A.KADER MASTER, AGED 61 YEARS, S/O.ALIE MUSLIYAR, KUZHIMANNIL, KULIMADU, PAZHUR P.O, KOZHIKKODE DISTRICT.

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

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

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

2. THE DELIMITATION COMMISSION, REPRESENTED BY ITS SECRETARY, OFFICE OF DELIMITATION COMMISSION, 3RD FLOOR, CWC BUILDING, L.M.S COMPOUND, PALAYAM, THIRUVANANTHAPURAM- 695 033.

3. THE STATE ELECTION COMMISSION, REPRESENTED BY ITS SECRETARY, CORPORATION OFFICE COMPLEX, L.M.S JUNCTION, PALAYAM, THIRUVANANTHAPURAM- 695 033.

R1 BY SR.GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR R2 & R3 BY ADV. SRI.MURALI PURUSHOTHAMAN, THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Msd.

WP(C).No. 29067 of 2015 (S) ----------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS :

---------------------------------------- EXHIBIT P1:

THE TRUE COPY OF THE STATEMENT FILED BY THE COUNSEL FOR RESPONDENTS 2 AND 3 DATED 17.08.2015.

EXHIBIT P2:

THE TRUE COPY OF THE REPLY STATEMENT FILED BY THE 1ST RESPONDENT IN W.A.NO.1816 OF 2015 DATED 18.08.2015. EXHIBIT P3:

THE TRUE COPY OF THE PETITION FOR DIRECTION FILED BY THE 1ST RESPONDENT DATED 31.08.2015.

EXHIBIT P4:

THE TRUE COPY OF THE DRAFT DELIMITATION PROPOSAL OF BLOCK PANCHAYATH DATED 16.09.2015 WITH ENGLISH TRANSLATION.

EXHIBIT P5:

THE TRUE COPY OF THE NOTIFICATION DATED 19.09.2015 WITH ENGLISH TRANSLATION.

RESPONDENT(S)' EXHIBITS :

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

Msd.

ASHOK BHUSHAN, CJ & A.M.SHAFFIQUE, J.

* * * * * * * * * * * * * W.P.C.No.29067 of 2015 ---------------------------------------- Dated this the 25th day of September 2015

J U D G M E N T

Ashok Bhushan, CJ Heard learned counsel for the petitioner and the learned counsel appearing for respondents 2 and 3.

2.

This writ petition has been filed seeking to quash Ext.P5 notification issued by the Delimitation Commission by which draft proposal for fixing the boundary for dividing constituencies was notified.

3.

Learned counsel for the 2nd respondent has pointed out that the revised schedule for delimitation has been issued on 25/09/2014 whereby, for District Panchayat, the date for filing objection has been extended upto 29/09/2015. In view of the revised schedule which give ample opportunity to the petitioner to file objection, we see no reason to entertain this public interest litigation. This writ petition is dismissed.

(sd/-) (ASHOK BHUSHAN, CHIEF JUSTICE) (sd/-) (A.M.SHAFFIQUE, JUDGE) jsr/25/9/15