K.Prabhakaran v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE TUESDAY, THE 27TH DAY OF OCTOBER 2015/5TH KARTHIKA, 1937 WP(C).No. 32517 of 2015 (L) ---------------------------- PETITIONER(S) :

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

K.PRABHAKARAN AGED 66 YEARS, S/O. SANKARAN DARIUS VILLA, KUTHUPARAMBA, WARD NO. 25 MOOLAKULAM BOOTH, K.U.P. SCHOOL EAST.

2.

RAJEESHKUMAR AGED 35 YEARS, KOTTAYAN, S/O. BALAN SAIPRASAD, VALIYAPARA, KUTHUPARAMBA, WARD NO. 23 VALIYAPARA, BOOTH GLP SCHOOL, VALIYAPARA.

3.

BEENA M.S., AGED 48 YEARS, W/O. VIJAYAN THUNDIPARAMBIL VEEDU, MOOLAKULAM KUTHUPARAMBA, WARD 25, PAZHAYA NIRATH GRAMINA VAYANASALA BOOTH, AMBILAD.

4.

ANNA AGED 52 YEARS, W/O. ANTONY NEAR THIRUVANCHERIKAVU, KUTHUPARAMBA WARD NO. 24, ELIPPARACHIRA, KUP SCHOOL WEST BOOTH. 5.

P.K. RADHA PHILIP AGED 51 YEARS, W/O. PHILIP AMBILAD, KUTHUPARAMBA, WARD NO. 28 EDAYILPEEDIKA, AMBILAD, ANGANVADI BOOTH.

6.

JISHA REJANEESH AGED 27 YEARS, W/O. REJANEESH, MELERI VEEDU, PANNYORA, KUTHUPARAMBA WARD NO. 27, PANNYORA, PANNYORA ANGANVADI BOOTH. BY SENIOR ADVOCATE SRI.M.RAMESH CHANDER BY ADVS.SRI.ANEESH JOSEPH SMT.DENNIS VARGHESE ...2/-

WP(C).No. 32517 of 2015 (L) -2RESPONDENT(S) : ---------------------------- 1.

STATE OF KERALA REPRESENTED BY SECRETARY TO HOME AFFAIRS GOVERNMENT OF KERALA, THIRUVANANTHAPURAM - 695 001. 2.

THE DIRECTOR GENERAL OF POLICE THIRUVANANTHAPURAM - 695 001.

3.

THE SUPERINTENDENT OF POLICE KANNUR - 670 001.

4.

THE DISTRICT COLLECTOR KANNUR - 670 001.

5.

BIJU P., RETURNING OFFICER FOR ELECTIONS TO KUTHUPARAMBA MUNICIPALITY ASSISTANT CONSERVATOR (SOCIAL FORESTRY) KANNOTHUMCHAL, KANNUR - 670 001.

6.

LOCAL AREA SECRETARY CPIM, KUTHUPARAMBA TOWN KUTHUPARAMBA, KANNUR - 673 647.

7.

LOCAL SECRETARY CPIM, KUTHUPARAMBA TOWN KUTHUPARAMBA, KANNUR - 673 674.

8.

STATE ELECTION COMMISSION KERALA, REPRESENTED BY SECRETARY THIRUVANANTHAPURAM - 695 001.

R1 TO R4 BY STATE ATTORNEY SRI. P. VIJAYARAGHAVAN R8 BY ADV. SRI.MURALI PURUSHOTHAMAN, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mn ...3/-

WP(C).No. 32517 of 2015 (L) APPENDIX PETITIONER'S EXHIBITS :

EXT.P1 : COPY OF THE REPRESENTATION BEFORE THE ELECTION COMMISSION WITH COPY TO OTHER OFFICIAL RESPONDENTS HEREIN.

EXT.P2 PHOTOSTAT COPY OF THE PAPER PUBLICATION WHICH CAME IN MALAYALA MANORAMA DAILY DATED 20.10.2015.

EXT. P2(a) ENGLISH TRANSLATION OF EXT. P2.

RESPONDENT'S EXHIBITS : NIL //TRUE COPY// P.A. TO JUDGE Mn

ASHOK BHUSHAN, CJ & A.M.SHAFFIQUE, J -------------------------------------------------------------- W.P(C). No. 32517 of 2015 --------------------------------------------------------------- Dated this the 27th day of October, 2015

JUDGMENT

Shaffique, J Petitioner has approached this Court seeking police protection. It is a matter relating to conduct of election. According to him, he is a candidate for election which is notified to be held on 2.11.2015.

2. We have already observed in WP(C).31592 of 2015 that it is for the Government to take necessary action to ensure proper conduct of election. In that case, learned counsel appearing for the State Election Commission has stated that the Commission shall take such steps as has been notified by the police and which had been declared as a vulnerable polling booth in which proper instructions will be given. We take on record the above submission and dismiss the writ petition.

Sd/- ASHOK BHUSHAN CHIEF JUSTICE Sd/- A.M.SHAFFIQUE, JUDGE sou.

// True copy //