Writ petition filed before the April 2021 Kerala assembly elections; by the time it came up for admission nothing survived and the petitioner made no appearance. The court closed the petition as infructuous, expressly leaving all contentions open and undecided; no proposition of general application emerges.
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 DEVAN RAMACHANDRAN
WEDNESDAY, THE 20TH DAY OF MARCH 2024 / 30TH PHALGUNA, 1945
WP(C) NO. 5258 OF 2021
PETITIONER:
M.PECHIMUTHU
GENERAL SECRETARY, KERALA STATE TAMIL PROTECTION COUNCIL,
RESIDING AT 1/403, KARPAKA ILLAM, KARUVAPPARA,
KOZHINJAMPARA, PALAKKAD DISTRICT 678 555
BY ADVS.
G.HARIHARAN
SRI.PRAVEEN.H.
SMT.K.S.SMITHA
SRI.V.R.SANJEEV KUMAR
RESPONDENTS:
1 CHIEF ELECTORAL OFFICER KERALA STATE ELECTION COMMISSION, 'JANAHITHAM', TC27/6(2), VIKAS BHAVAN P.O., THIRUVANANTHAPURAM 695 0332 KERALA STATE ELECTION COMMISSION KERALA 'JANAHITHAM', TC-27/6(2), VIKAS BHAVAN P.O., THIRUVANANTHAPURAM 695 033, REP.BY ITS SECRETARY.3 STATE OF KERALAREP.BY ITS PRINCIPAL SECRETARY TO THE GOVERNMENT, GENERAL
ADMINISTRATION DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM 695 001.
4 THE DISTRICT COLLECTOR PALAKKAD 678 001.5 THE TAHSILDARCHITTUR, PALAKKAD 678 101
6 COMMISSIONER FOR LINGUISTIC MINORITIES (SOUTH ZONE) 124, AGARAYA ROAD, TEYNAMPET, CHENNAI, TAMIL NADU 6000187 ADDL.R8.CHIEF ELECTION COMMISSIONER, NIRVACHAN SADAN, ASOKA ROAD, NEW DELHI-110001. (ADDL.R7 IS IMPLEADED AS PER ORDER DATED ON 09.03.2021 IN IA NO.1/2021 IN WP(C0 NO. 5258/2021.)BY ADVS.
SHRI.DEEPU LAL MOHAN, SC, STATE ELECTION COMMISSION,
KERALA
KODOTH SREEDHARAN
WP(C) NO. 5258 OF 2021
2
SHRI.P.VIJAYAKUMAR, ASG OF INDIA
SRI.DEEPU LAL MOHAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 5258 OF 2021
3
JUDGMENT
This writ petition was filed at a time when
the assembly elections to the State of Kerala
was scheduled in April, 2021.
Obviously, therefore, nothing survives in
this writ petition. I am fortified to this
opinion because there is no appearance to the
petitioner either.
This writ petition is, therefore, closed, as
having been infructuous, however, leaving open
all contentions without being decided.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
SAS
WP(C) NO. 5258 OF 2021
4
APPENDIX OF WP(C) 5258/2021
PETITIONER’S |
EXHIBITS: |
|
|---|---|---|
EXHIBIT P1 |
TRUE COPYISSUED BYPETITIONERLINGUISTICPALAKKAD DI |
OF THE PROCEEDINGS DATED 8.10.2018THE 4TH RESPONDENT NOMINATING THEALSO AS A MEMBER OF THE TAMILMINORITY, DISTRICT COMMITTEE INSTRICT. |
EXHIBIT P2 |
TRUE COPYSUBMITTEDRESPONDENT. |
OF THE REQUEST DATED 17.11.2020BY THE PETITIONER BEFORE THE 4TH |
EXHIBIT P3 |
TRUE COPYIN THE NEW |
OF THE PAPER REPORT DATED 9.4.2009INDIAN EXPRESS, KOCHI EDITION. |
EXHIBIT P4 |
TRUE COPYNO.758/EDN.GOVERNMENT |
OF THE NOTIFICATION G.O.(MS)DATED 26.12.1961 ISSUED BY THEOF KERALA. |
EXHIBIT P5 |
TRUE COPYISSUED BY21.3.1966. |
OF THE GOVERNMENT NOTIFICATIONTHE GOVERNMENT OF KERALA DATED |
EXHIBIT P6 |
TRUE COPYPANCHAYATSDISTRICT WNOTIFICATIO |
OF THE DETAILED LIST OF VARIOUSAND MUNICIPALITIES IN PALAKKADHICH ARE INCLUDED IN EXHIBIT P5N. |
EXHIBIT P7 |
TRUE COPYNO.25932/20 |
OF THE JUDGMENT MADE IN W.P.(C)20 DATED 3.12.2020 |
EXHIBIT P8 |
TRUE COPYBY THE PETALONG WITH |
OF THE REQUEST DATED 5.2.2021 MADEITIONER BEFORE THE 1ST RESPONDENTPOSTAL RECEIPT. |
EXHIBIT P9 |
TRUE COPY01/03/2021ADDRESSED T |
OF THE COMMUNICATION DATEDSENT BY THE 7TH RESPONDENTO THE 3RD RESPONDENT. |
RESPONDENTS’ |
EXHIBITS: |
|
ANNEXURE R8A |
THE PHOTOC11.06.2008 |
OPY OF DIRECTION NO.22/2/2008 DATEDOF THE ELECTION COMMISSION OF INDIA |
ANNEXURE R8B |
THE PHOTOCDATED 16-09INDIA |
OPY OF DIRECTION NO.3/4/2008/JS-II-2008 OF THE ELECTION COMMISSION OF |
ANNEXURE R8C |
THE |
PHOTOCOPYOFDIRECTION |
NO.52/2016/ELECTION CO |
SDR/VOL.I DATED 24.02.2016 OF THEMMISSION OF INDIA |
M.Pechimuthu
Chief Electoral Officer Kerala State Election Commission
Kerala State Election Commission
State of Kerala
The District Collector Palakkad
The Tahsildar Chittur, Palakkad
Devan Ramachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court