IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 29TH JUNE 2011 / 8TH ASHADHA 1933 WP(C).No. 15935 of 2011(N) ------------------------ PETITIONER : --------------------- JOY KAITHARATH, S/O.ANTHONY, MONODY, VELLEKULANGARA.P.O., THRISSUR DISTRICT-680 693. BY ADVS. SRI.KALEESWARAM RAJ SRI.LINDONS C. DAVIS RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, KERALA GOVERNMENT SECRETAIRAT, THIRUVANANTHAPURAM-695 001. 2. THE DIRECTOR OF PANCHAYATS, THIRUVANANTHAPURAM-695 001. 3. MATTATHOOR GRAMA PANCHAYAT, MATTATHOOR.P.O., THRISSUR DISTRICT, REPRESENTED BY ITS SECRETARY, MATTATHOOR GRAMA PANCHAYAT, MATTATHOOR.P.O., THRISSUR DIST. - 680684 4. THE PRESIDENT, MATTATHOOR GRAMA PANCHAYAT, MATTATHOOR.P.O., THRISSUR DISTRICT-680 684. R1 & R2 BY GOVT. PLEADER SRI. MUHAMMED SHAFI M. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 15935 of 2011(N) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE RELEVANT PAGES OF THE NOTIFICATION DATED 16.8.1994. EXT.P2 : COPY OF THE VILLAGE MAP CONSISTS OF MATTATHUR AND VELLIKULANGARA REVENUE VILLAGES. EXT.P3 : COPY OF THE MINUTES OF THE MEETING HELD ON 10/9/2004. EXT.P4 : COPY OF RELEVANT PAGES OF 'JANAKEEYA VIKASANA REKHA' PREPARED BY THE MATTATHOOR GRAMA PANCHAYAT. EXT.P5 : COPY OF LETTER NO. 49315/EM3/09/LSGD DT. 18/08/2009 ISSUED BY STATE PUBLIC INFORMATION OFFICER. EXT.P6 : COPY OF THE LETTER DATED 4.3.2010. EXT.P7 : COPY OF THE RESOLUTION NO. 6 OF MATTATHOOR GRAMA PANCHAYAT. EXT.P8 : COPY OF THE LETTER DATED 13.3.2010. EXT.P9 : COPY OF THE MEMO DATED 12.1.2010. EXT.P10 : COPY OF THE JUDGMENT DATED 5.7.2010 IN WP(C) NO. 25924/2009. EXT.P11 : COPY OF THE ORDER DATED 14.9.2010 IN R.P. NO. 766 OF 2010. EXT.P12 : COPY OF G.O.(RT) NO. 3213/10 DT. 8.10.2010. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.S. TO JUDGE Mn C.T.RAVIKUMAR, J. ---------------------------- W.P.(C)No.15935 of 2011 ---------------------------- Dated 29th June, 2011 JUDGMENT This is the second round of litigation for the petitioner on the same subject matter. Earlier, the petitioner had approached this Court by filing W.P.(C)No.25924 of 2009 mainly with the prayer to issue appropriate direction to the Government to consider the request to bifurcate Mattathoor Grama Panchayat that spread over an area of 103.11 Sq.mts. with nearly a population of above 45000. The learned counsel for the petitioner submits that presently its population is above 65000. The said writ petition was disposed of as per Ext.P10 judgment with a direction to the first respondent to consider Ext.P6 representation and Ext.P7 resolution passed by the Panchayat, referred as such therein, in accordance with law. Later, the petitioner has filed a review petition as R.P.No.766 of 2010. The said review petition was disposed of as per Ext.P11 order with the observation that it would only be appropriate for the Government to take a decision in terms of Ext.P10 judgment within a period of four months. In compliance with the said direction in the aforesaid judgment in W.P.(C)No.25924 of 2009 Government have considered the issue and passed Ext.P12 order dated 8.10.2010. It is challenging Ext.P12 that this writ petition has been filed. WP(C).No.15935/2011 2 2. Essentially, the claim of the petitioner is that Mattathoor Grama Panchayat is liable to be bifurcated. The learned counsel for the petitioner submitted that though the population was 45000 it has presently grown up to 65000. Be that as it may, the question whether a Grama Panchayat within the State is to be bifurcated or not is a policy decision to be taken by the Government. I am of the considered view that it is a matter falls outside the scope of jurisdiction of this Court. This Court cannot issue a direction to the Government to bifurcate a particular Grama Panchayat in a particular manner. Considering the grievances raised by the petitioner this Court has earlier directed the Government to consider that issue. After considering the representation as also the resolution passed by the concerned Panchayat in terms of the directions in Ext.P10 judgment the Government have now passed Ext.P12 order. The relevant portion of the said order reads thus:- “In the above circumstances, it is hereby clarified that the bifurcation of Mattathoor Grama Panchayat in Thrissur District cannot be considered now as Government have already taken a policy decision that the Grama Panchayats of the State, need not be bifurcated for the time being.” When such a policy decision is taken by the Government in a matter like bifurcation of Panchayats that cannot be subjected to judicial WP(C).No.15935/2011 3 review. This Court under the guise of judicial review cannot usurp executive functions. The petitioner cannot contend that the said decision of the Government is ultra vires. In the said circumstances, this writ petition is liable to be dismissed. Accordingly, it is dismissed. Sd/- C.T.RAVIKUMAR Judge TKS