N.Thankamani 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. 32532 of 2015 (N) ---------------------------- PETITIONER :

---------------------- N.THANKAMANI,W/O.GOVINDANKUTTY, AGED 50 YEARS, MANI VILAS, NO OCCUPATION, NEERVELI.P.O., VIA. NIRMALAGIRI, THALASSERI THALUK, PIN-670 701 BY ADVS.SRI.K.V.PAVITHRAN SRI.JAYANANDAN MADAYI PUTHIYAVEETTIL SRI.E.M.UNNIKRISHNAN (MANJERI) SRI.NIAS MOOPAN SRI.P.SAJU RESPONDENT(S):

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1. STATE OF KERALA, REPRESENTED BY THE HOME SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001

2. STATE ELECTION COMMISSION, KERALA REPRESENTED BY ITS SECRETARY, CORPORATION OFFICE COMPLEX, LMS JUNCTION, PALAYAM, THIRUVANANTHAPURAM-695 033

3. THE DISTRICT COLLECTOR (TH DISTRICT ELECTION OFFICER), DISTRICT COLLECTORATE, KANNUR-670 001

4. PRESIDING OFFICER, MANGATTIDAM GRAMA PANCHAYAT, WARD NO.V, NEERVELI, P.O.NEERVELI, KANNUR DISTRICT, PIN-670 701

5. THE SUPERINTENDENT OF POLICE, KANNUR, KANNUR DISTRICT, PIN-670 612

6. THE CIRCLE INSPECTOR OF POLICE, CIRCLE OFFICE, KUTHUPARAMBA, P.O.KUTHUPARAMBA, PIN-670 643 R1,R3 TO R6 BY STATE ATTORNEY SRI.P.VIJAYARAGHAVAN R2 BY SRI.MURALI PURUSHOTHAMAN, SC,K.S.E.COMM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).NO.32532/2015 APPENDIX PETITIONER'S EXHIBITS:

P1 COPY OF THE LIST OF CANDIDATES ISSUED BY RETURNING OFFICER. P1(A) COPY OF THE TRANSLATION OF EXHIBIT P1.

P2 COPY OF THE PETITION FILED BEFORE RESPONDENTS 3,5 AND 6 BY THE PETITIONER DATED 20/10/2015 P3 COPY OF THE NEWS PAPER REPORT OF THE STATEMENT OF THE HON'BLE MINISTER K.C.JOSEPH PUBLISHED IN THE NEW INDIAN EXPRESS, KOZHIKODE EDITION ON 20/10/2015.

P4 COPY OF THE NEWSPAPER REPORT DATED 20/10/2015 REGARDING SEIZURE OF WEAPONS FROM KUTHUPARAMBA PUBLISHED IN NEW INDIAN EXPRESS, KOZHIKODE EDITION.

RESPONDENT'S EXHIBITS:

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

ASHOK BHUSHAN, CJ & A.M.SHAFFIQUE, J -------------------------------------------------------------- W.P(C). No. 32532 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 her, she 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.

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