IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN FRIDAY, THE 2ND JANUARY 2009 / 12TH POUSHA 1930 WP(C).No.265 of 2009 (F) ------------------------------- EL.OP.2/2005 of MUNSIFF COURT, CHITTUR .................... PETITIONER: --------------- SINDHU, W/O FRANCIS THANKARAJ, AGED 31 YEARS, PALANIYAR PALAYAM P.O., KOZHINJAMPARA, CHITTUR TALUK, PALAKKAD DISTRICT. BY ADV. SRI.MILLU DANDAPANI RESPONDENTS: ----------------- 1. SMT. LILLY SAHAYA MERY, W/O SANTHAKUMAR, AGED 43 YEARS, PALANIYAR PALAYAM P.O., KOZHINJAMPARA, CHITTUR TALUK, PALAKKAD DISTRICT. 2. RENUKA SELVAN, W/O SELVARAJ, AGED 37 YEARS, KOZHINJAMPARA GRAMA PANCHAYAT, CHITTUR TALUK, PALAKKAD DISTRICT. 3. THE TAHSILDAR, CHITTUR, THE RETURNING OFFICER OF G-58, KOZHINJAMPARA GRAMA PANCHAYAT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P.BALACHANDRAN, J. ------------------------------------------------ W. P. C. No.265 of 2009 ------------------------------------------------ Dated this the 2nd day of January, 2009 JUDGMENT After having argued this Writ Petition on merits for a pretty long time probably because the learned senior counsel was of the view that this Court is not impressed by the arguments advanced, submitted that this Writ Petition may be allowed to be withdrawn with liberty to the petitioner to file a petition in the court below positively tomorrow requesting for the finger prints of Sowrimuthu and Albert Selvaraj found on the counterfoil of the ballot papers issued to them in Ward No.III of Kozhinjampara Grama Panchayath also being got compared with the admitted finger prints taken before court already as also the finger prints found on the counterfoils of ballot papers allegedly used by those persons W. P. C. No.265 of 2009 -2- to cast vote in Ward No.II which was already examined by the experts and with a further direction that the ballot box of Ward No.III directed to be opened on 05/01/09 be kept in abeyance till orders are passed on petition to be filed tomorrow. 2. In view of the said submission, I grant leave to withdraw this Writ Petition with permission to the petitioner to file appropriate petition positively tomorrow to have the finger prints of Sowrimuthu and Albert Selvaraj on the counterfoil of ballot papers issued to them in Ward No.III also being got examined by the same expert in comparison with their admitted finger prints and the finger prints on the counterfoils of ballot paper issued to them in Ward No.II. In the meanwhile, the opening of ballot box directed to be had on 05/01/09 shall stand W. P. C. No.265 of 2009 -3- adjourned till disposal of the petition that would be so filed on 03/01/09 by the petitioner. 3. The Writ Petition is disposed of with the above directions. Issue copy of this judgment to the counsel for the petitioner today itself. K.P.BALACHANDRAN, JUDGE kns/-