In this writ petition concerning objections to Panchayat delimitation, the High Court held that the Principal Secretary must consider the petitioners' objections after affording an opportunity of hearing.
Directed the Principal Secretary to consider objections after affording opportunity of hearing.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU
WEDNESDAY, THE 25TH DAY OF FEBRUARY 2015/6TH PHALGUNA, 1936
WP(C).No. 4042 of 2015 (E)
PETITIONERS:
BY ADVS.SRI.SAJAN VARGHEESE K. SRI.LIJU. M.P
RESPONDENTS:
R BY SRI. JOE KALLIATH, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 4042 of 2015 (E)
: 2 :
APPENDIX
PETITIONER'S EXHIBITS :
EXHIBIT P1: TRUE COPY OF THE REQUEST DATED 28-11-2014 SUBMITTED TO THE RESPONDENTS THROUGH THE RESPONDENTS NO.3.
EXHIBIT P2: TRUE COPY OF THE REQUEST DATED 17-01-2015 SUBMITTED BEFORE THE RESPONDENT NO.3 BY THE PETITIONERS.
EXHIBIT P3: TRUE COPY OF THE COMMUNICATION DATED 30-01-2015 SET BY THE RESPONDENT NO.3 TO THE PETITIONER NO.1
EXHIBIT P4: TRUE COPY OF THE OBJECTION DATED 31.01.2015 SUBMITTED BY THE PETITIONERS TO THE RESPONDENT NO.1.
RESPONDENTS' EXHIBITS : NIL
/True Copy/
P.A to Judge.
rv
DAMA SESHADRI NAIDU, J.
---------------------------------W.P. (C) No. 4042 of 2015 (E)
Dated this the 25th day of February, 2015.
JUDGMENT
Heard the learned counsel for the petitioner and the learned Senior Government Pleader, apart from perusing the record. Since the issue lies in a narrow compass, this Court proposes to dispose of the writ petition at the admission stage itself.
W.P.(C). No. 4042/2015
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W.P.(C). No. 4042/2015 -3-
inasmuch as the said Principal Secretary is also part of the Department of Local Self Government, which stands arrayed as a party.
At any rate, this Court does not want to quibble over the finer distinction whether the first respondent in a compendious manner includes the Principal Secretary, Local Self Government (EM) Department. Suffice it to say that since Ext.P4 objections have been addressed to the said authority, in terms of Ext.P3 communication issued by the 3rd respondent, it serves the interest of justice if the Principal Secretary, Local Self Government (EM) Department, considers Ext.P4 after affording an opportunity of hearing to the petitioners, and pass appropriate orders thereon in accordance with law, as expeditiously as possible, if the said objections have not been disposed of by now.
sd/- DAMA SESHADRI NAIDU, JUDGE.
rv
W.P.(C). No. 4042/2015 -4-
2 issues framed by the court
Whether the petitioners are entitled to a further opportunity to file objections before the Principal Secretary and consider the same after a hearing.
Whether the Principal Secretary, Local Self Government (EM) Department should be specifically impleaded despite the State of Kerala being the first respondent.
SURESH K.
JAYAPRAKASH.M.
STATE OF KERALA
THE DIRECTOR OF PANCHAYAT
THE DEPUTY DIRECTOR OF PANCHAYAT
PUDUSSERY GRAMA PANCHAYAT
DAMA SESHADRI NAIDU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
