IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 5TH JULY 2010 / 14TH ASHADHA 1932 WP(C).No. 25924 of 2009(I) --------------------------------------- PETITIONER(S): ------------------------ JOY KAITHARATH, S/O.ANTHONY, MONODY, VELLEKULANGARA P.O.,THRISSUR DISTRICT-680 693. BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S): ---------------------------- 1. STATE OF KERALA REPRESENTED BY ITS SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, KERALA GOVERNMANT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PANCHAYATS, THIRUVANANTHAPURAM. 3. MATTATHOOR GRAMA PANCHAYAT, MATTATHOOR P.O., THRISSUR DISTRICT- REPRESENTED BY ITS SECRETARY. 4. THE PRESIDENT, MATTATHOOR GRAMA PANCHAYT, MATTATHOOR P.O., THRISSUR DISTRICT. R1 & R2 BY GOVERMENT PLEADER SMT. N.SUDHA DEVI R3 & R4 BY ADVS. SRI.M.R.VENUGOPAL, SMT.DHANYA P.ASHOKAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.25924/2009 I APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF NOTIFICATION NO.2877/C1/94/LSGD DTD. 16/08/1994 PUBLISHED IN EXTRA ORDINARY KERALA GAZETTE DTD. 19/08/1994 (RELEVANT PORTION). P2: COPY OF THE VILLAGE MAP CONSISTS OF MATTATHUR AND VELLIKULANGARA REVENUE VILLAGES. P3: COPY OF THE MINUTES OF THE MEETING HELD ON 10/09/2004 (RELEVANT PORTION). P4: COPY OF RELEVANT PAGES OF 'JANAKEEYA VIKASANA REKHA' PREPARED BY THE MATTATHOOR GRAMA PANCHAYATH. P5: COPY OF LETTER NO.49315/EM3/09/SGD DTD. 18/08/2009 ISSUED BY STATE PUBLIC INFORMATION OFFICER. P6: COPY OF THE LETTER DTD. 4/03/2010. P7: COPY OF THE RESOLUTION NO.6 OF MATTATHOOR GRAMA PANCHAYAT. P8: COPY OF THE LETTER DTD. 13/03/2010 (WRONGLY SHOWN AS 13/1/2009). P9: COPY OF THE MEMO DTD. 12/01/2010 ISSUED BY THE PUBLIC INFORMATION OFFICER, FINANCE DEPARTMENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.25924/2009-I ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 5th day of July, 2010 J U D G M E N T This writ petition is filed by a resident of Mattathoor Grama Panchayat. He is a former member of the Panchayat also. 2. What is concerned is a request to bifurcate the Panchayat, as the Panchayat is now spread over an area of 103.11 Sq.mts. with nearly a population figure above 45000. Earlier, by Ext.P1, way back in 1994, a proposal was made by the Government itself for bifurcation of Mattathoor Grama Panchayat, into Mattathoor and Vellikulangara Grama Panchayats. This was published as enjoined by the provisions under Section 4(2) of the Panchayat Raj Act, 1994. But, it appears that the proposal was dropped later. 3. Ext.P3 is a resolution taken by the Panchayat on 10/09/2004 requesting the concerned authorities to effect bifurcation. 4. The petitioner has also produced Ext.P6, a report by the Deputy Director of Panchayats, Thiruvananthapuram recommending the bifurcation of Mattathoor Grama Panchayat and to form a new Grama Panchayat with Vellikulangara Grama Panchayat as the centre of the other Panchayat. Various aspects have been pointed out in Ext.P6. Resolution of the W.P.(C). No.25924/2009 -:2:- Panchayat seeking for bifurcation in their meeting dated 07/10/2009 has been produced as Ext.P7. 5. In the counter affidavit filed by the first respondent it is mentioned that the proposal as per Ext.P1 was dropped at that point of time. In paragraph (7) it is mentioned that bifurcation of existing Grama Panchayats is a policy matter of the Government and the Government had not taken any decision to bifurcate any of the existing Panchayats in the State. 6. The learned counsel for the petitioner requested for a consideration of Ext.P6 along with Ext.P7 resolution by the Government. It is pointed out that since these two require consideration, in view of the ensuing elections, delay in the matter will only defeat the purpose of filing of the writ petition. 7. The learned Government Pleader submitted that the delimitation of wards of the Panchayat are being completed by the Delimitation Commission and in respect of Mattathoor Grama Panchayat also it would have been finalised by this time and, therefore, the Government would not be able to take a decision in the matter now. 8. What is sought for by the petitioner is only for a consideration of Ext.P6 along with Ext.P7 resolution. W.P.(C). No.25924/2009 -:3:- 9. The learned counsel for the petitioner further submitted that going by Section 6(4) of the Panchayat Raj Act and Rule 3 of the Kerala Panchayat Raj (Fixing of Strength) Rules, 1994, in the light of the unwieldy character of the Panchayat, it requires a bifurcation. It is answered by the learned Government Pleader that either Section 6 nor the Rules regarding fixation of strength will apply. 10. In the light of the above, there will be a direction to the first respondent to consider Ext.P6 and the resolution Ext.P7 passed by the Panchayat in accordance with law. It is made clear that this Court has not expressed anything on the merits. Appropriate decision will be taken expeditiously. While taking the decision, the Government will be free to rely upon the orders passed by the Delimitation Commission also, with regard to the delimitation of the wards of the Panchayat. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms