IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 11TH AUGUST 2010 / 20TH SRAVANA 1932 WP(C).No. 25017 of 2010(B) -------------------------- PETITIONER: --------------- M.S.JAYAPRASAD, S/O.SREEDHARA PANICKER, CHEMBILAVUNINNA THATTU VEEDU, PO.KOTTUKAL, BALARAMAPURAM, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.P.KESAVAN NAIR RESPONDENT(S): ------------------ 1. SPECIAL GRADE SECRETARY & ELECTROL REGISTRATION OFFICER, KOTTUKAL GRAMA PANCHAYATH PO,KOTTUKAL,BALARAMAPURAM, THIRUVANANTHAPURAM DISTRICT. 2. PANCHAYAT DEPUTY DIRECTOR, CIVIL STATION, PO,.KUDAPPANAKUNU, THIRUVANANTHAPURAM. BY GOVT.PLEADER SMT.K.R.DEEPA FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.25017 of 2010 ----------------------------------------------------- DATED THIS THE 11th DAY OF AUGUST, 2010 JUDGMENT The petitioner claims to be a resident of Kottukal Grama Panchayat. It is stated that the petitioner is residing in Sreenarayanapuram and his name was included in the draft voters list , Exhibit P1 as Sl.No.186 and that of his wife as Sl.No.187. It appears that the petitioner's elder brother Jayamohan filed a petition before the 1st respondent seeking to remove the name of the petitioner and his wife from the voters list. Notices were issued to the petitioner and his wife as per Exhibits P2 and P3 and the petitioner filed Exhibit P4 objection to the same. Finally by Exhibit P5 proceedings, the 1st respondent removed the name of the petitioner and his wife from the voters list. 2. The petitioner has filed an appeal against Exhibit P5 as per Exhibit P6 along with a request to stay the deletion of the names. By Exhibit P8 it is informed that the appeal will be considered on 20.9.2010. It is submitted that the if the election is held in the meanwhile, the petitioner and his wife will be W.P.(C)No.25017/10 -2- deprived of their opportunity to cast their vote, which will cause adverse civil consequences to them. 3. The petitioner has also produced Exhibit P9 to P13 documents in support of the plea that the deletion of the name from the voters list is not correct. 4. In the light of the fact that the valuable rights of the petitioner and his wife to cast their votes will be lost, if the election is held before 20.9.2010, there will be a direction to the first respondent to take a decision on Exhibit P5 appeal after hearing the petitioner within a period of two weeks from the date of receipt of a copy of this judgment. The petitioner will produce a copy of this Writ Petition along with a copy of the judgment for compliance. The Writ Petition is disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE. dsn