The Kerala High Court dismissed a writ petition challenging the 2018 Ayalkoottam elections as infructuous, noting that the election period had elapsed and a subsequent election was already held by the time of consideration.
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 SHAJI P.CHALY
THURSDAY, THE 12TH DAY OF JANUARY 2023 / 22ND POUSHA, 1944
WP(C) NO. 330 OF 2018
PETITIONERS:
1 RAMLATH
2 JAYASREE D/O GOPALAN, PALAPATTA HOUSE, MOOTHEDAM, KARAPPURAM-679331, MALAPPURAM DISTRICT.
3 SHINY
D/O SCARIA, PADIPURACKAL HOUSE, MUPPINIMOOTHEDAM 679331 MALAPPURAM DISTRICT.
BY ADVS.SRI.SEBASTIAN PAUL
SRI.BEN TOM SMT.LIZAMMA AUGUSTINE SRI.S.VIJAYAKUMAR NALLOOR
RESPONDENTS:
W.P.(C.) No. 330/2018 2
LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, ANNEXE, THIRUVANANTHAPURAM-695001.
R3 & R4 BY SRI.JOBY JOSEPH,SENIOR GOVERNMENT PLEADER BY ADVS.SRI.JITHIN LUKOSE SRI.P.SAMSUDIN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C.) No. 330/2018 3
JUDGMENT
This writ petition is filed by the petitioners seeking the following reliefs:-
“i) issue a writ of mandamus or any other writ, order or direction directing the respondents to have a proper inquiry on the basis of Exts.P1 to P3 complaints before proceedings with ayalkoottom elections in Ward numbers 7, 12 and 17 of Moothedam panchayat; ii) issue any other appropriate order or direction in the facts and circumstances of the case; iii) award costs.”
to the election conducted to the Ayalkoottam in the year 2018. The writ petition was admitted to the files and on 05.01.2018, an interim order was passed to the effect that the election scheduled to be conducted from 08.01.2018 will be subject to the result of the writ petition. But fact remains, thereafter the period of the Ayalkoottam was over and subsequent election was also conducted. Therefore, the subject matter of the writ petition has virtually become infructuous.
W.P.(C.) No. 330/2018 4
After having heard Sri. Sebastian Paul, learned counsel for the petitioners and Sri.P. Samsudin, learned counsel for the second respondent, the writ petition is dismissed as infructuous.
Sd/-
SHAJI P. CHALY JUDGE
DCS/17.01.2023
W.P.(C.) No. 330/2018 5
APPENDIX
PETITIONER EXHIBITS
EXT.P1 TRUE COPY OF THE PROHIBITORY ORDER DATED 13.4.2016 ISSUED BY THE 1ST RESPONDENT
EXT.P2 TRUE COPY OF THE NOTICE DATD 18.5.2016 ISSUED BY THE 1ST RESPONDENT
EXT.P3 TRUE COPY OF HTE ORDER DATED 16.6.2016 ISSUED BY THE 1ST RESPONDENT
EXT.P4 TRUE COPY OF THE REPORT OF THE 3RD RESPONDENT DATED 3.5.2016 REFERRED TO IN EXT.P3
EXT.P5 TRUE COPY OF THE DATA BANK PERTANING TO THE PROPERTY OF THE PETITIONERS
EXT.P6 TRUE COPY OF THE JUDGMET DATED 2.3.2015 PASSED BY THIS HON'LE COURT IN WPC NO.6511/2015
EXHIBIT P7 TRUE COPY OF THE RELEVANT PAGES OF THE ENCUMBRANCE CERTIFICATE ISSUED BY THE REGISTRATION DEPARTMENT DATED 9.3.2021
W.P.(C.) No. 330/2018 6
Exhibit P7(a) A TRUE COPY OF THE RELEVANT PAGES OF THE PUBLISHED DATA BANK DATED 22/02/2021. Exhibit P8 A TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER IN FORUM 9 DATED 22/09/2021. Exhibit P9 A TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WPC.NO.11379 OF 2022 DATED 31/03/2022. Exhibit P10 A TRUE COPY OF THE KSREC REPORT DATED 27/03/2021. Exhibit P11 A TRUE COPY OF THE KSREC REPORT DATED 28/03/2021. Exhibit P12 A TRUE COPY OF THE KSREC REPORT DATED 29/04/2021 WITH RESPECT TO THE PROPERTIESCOMPRISED IN SY.NOS.104/1, 104/2, 104/4, 104/5 AND 104/7 IN EDAPPALLY SOUTH VILLAGE. Exhibit P13 TRUE COPY OF THE KSREC REPORT DATED 28/04/2021 NO.A-172/15/KSREC/003982/21. Exhibit P14 A TRUE COPY OF THE KSREC REPORT DATED 28/04/2021 WITH RESPECT TO THE PROPERTIES COMPRISED IN SY NOS. 105/1, 105/4, 106/15, 106/21 AND 108/1. Exhibit P15 A TRUE COPY OF THE SAID CHART PREPARED BY THE PETITIONER DATED NIL. Exhibit P16 A TRUE COPY OF THE RELEVANT PAGE OF THE ENCUMBRANCE CERTIFICATE DATED 03/10/2017 ISSUED BY THE SRO IDAPPALLY. Exhibit P17 A TRUE COPY OF THE NEWSPAPER REPORT PUBLISHED IN MALAYALA MANORAMA DAILY DATED 24/09/2022 WITH RESPECT TO THE SPORTS CITY.
W.P.(C.) No. 330/2018 7
Ramlath
Jayasree
Shiny
The Returning Officer Kudumbasree
Member - Secretary Kudumbasree
The District Collector Malappuram
Shaji P. Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
