IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE MONDAY, THE 10TH MARCH 2008 / 20TH PHALGUNA 1929 WP(C).No. 5965 of 2008(I) ------------------------------------ PETITIONER: ------------------- GEORGE JOSEPH, NARIMATTATHIL HOUSE, MEVADA P.O. KOZHUVANAL, KOTTAYAM DISTRICT. BY ADV. SRI.GEORGEKUTTY MATHEW. RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REP. BY ITS SECRETARY TO THE LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT PLANNING COMMITTEE, KOTTAYAM DISTRICT, REP. BY ITS SECRETARY, DISTRICT COLLECTOR, CIVIL STATION, COLLECTORATE P.O., KOTTAYAM - 1. 3. THE KOZHUVANAL GRAMA PANCHAYATH, REP. BY ITS SECRETARY KOZHUVANAL P.O., KOTTAYAM DISTRICT- 686 532. *ADDL. RESPONDENTS 4 TO 13 IMPLEADED: 4. JOSEMON MUNDACKAL, PRESIDENT, KOZHUVANAL GRAMA PANCHAYATH, MUNDACKAL HOUSE, KEEZHUVANKULAM.P.O., KOTTAYAM DISTRICT. 5. ANCY SHAJI, 1ST WARD MEMBER, KOZHUVANAL GRAMA PANCHAYATH, CHAVELI, CHERPUNKAL.P.O., KOTTAYAM. W.P.(C). NO.5965/2008-I: 6. LISIAMMA CHACKO, 3RD WARD MEMBER, KOZHUVANAL GRAMA PANCHAYATH, KUREEKKATTUKUNNEL, KOZHUVANAL, KOTTAYAM DISTRICT. 7. SHEELA SASIKUMAR, 4TH WARD MEMBER, KOZHUVANAL GRAMA PANCHAYATH, CHENGAZHASSERIL, MEVADA, KOTTAYAM DISTRICT. 8. P.K. SAJU, 5TH WARD MEMBER, KOZHUVANAL GRAMA PANCHAYATH, KUNNUVAYALIL, THODANAL, KOTTAYAM. 9. A.V. GOPINATHAN NAIR, 6TH WARD MEMBER, KOZHUVANAL GRAMA PANCHAYATH, UTHIRAKKULATHU, THODANAL.P.O., KOTTAYAM DISTRICT. 10. G.C. DEVASSIA, 7TH WARD MEMBER, KOZHUVANAL GRAMA PANCHAYATH, GANAPATHIPLACKAL, THODANAL, KOTTAYAM. 11. LISAMMA CHACKOCHAN, 8TH WARD MEMBER, KOZHUVANAL GRAMA PANCHAYATH, CHERIPURAM, KANJIRAMATTOM.P.O., KOTTAYAM DISTRICT. 12. THOMAS GEORGE, 10TH WARD MEMBER, KOZHUVANAL GRAMA PANCHAYATH, THEKKAL, KOZHUVANAL, KOTTAYAM DISTRICT. 13. JOSSY JOSEPH, 11TH WARD MEMBER, KOZHUVANAL GRAMA PANCHAYATH, POIKAYIL, KOZHUVANAL.P.O., KOTTAYAM. *IMPLEADED AS PER ORDER DATED 26/02/2008 IN I.A. 2879/2008. W.P.(C). NO.5965/2008-I: **ADDL. R.14. M.K. RAMANAN, S/O. KUNJIKUTTAN, AGED 50 YEARS, RESIDING AT VALIAPRAMBIL HOUSE, KEZHUVAMKULAM KARA, KOZHUVANAL.P.O., PULIYANNOOR VILLAGE, MEENACHIL TALUK, KOTTAYAM DISTRICT. **IS IMPLEADED AS ADDL. R.14. AS PER ORDER DTD. 04/03/2008 IN I.A. NO. 3199/2008. BY GOVT. PLEADER SRI. K.J. MOHAMMED ANZAR, ADV. SRI. SUNIL CYRIAC, SC, PANCHAYATH, ADV. SRI.JOBI JOSE KONDODY. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.5965/2008-I: APPENDIX PETITIONER'S EXHIBITS : EXT.P.1: COPY OF THE DECISION OF THE COMMITTEE OF THE R.3. ON 20/04/2007. EXT.P.2: COPY OF THE RELEVANT EXTRACT OF THE GUIDE LINES FOR THE PREPARATION OF THE PLAN FOR THE YEAR 2007-2008 ISSUED BY THE GOVERNMENT. EXT.P.3: COPY OF THE RELEVANT EXTRACT FROM THE GUIDE LINES FOR THE T.A.G FOR THE YEAR 2007-2008. EXT.P.4: COPY OF THE JUDGMENT DTD. 16/11/2007 IN W.P.(C0. 33067/2007 OF THIS HONOURABLE COURT. EXT.P.5: COPY OF THE ORDER DTD. 30/11/2007 ISSUED BY THE DEPUTY DIRECTOR OF THE PANCHAYATH. EXT.P.6: COPY OF THE MINUTES OF THE MEETING OF THE R.2. ON 23/01/2008. EXT.P.7: COPY OF THE ORDER DTD. 14/02/2008 IN W.P.(C). 4364/2008 OF THIS HONOURABLE COURT. EXT.P.8: COPY OF THE MINUTES OF THE MEETING OF THE R.2. ON 15/02/2008. RESPONDENT'S EXHIBITS & ANNEXURE: EXT.R4.A: COPY OF THE NOTICE DTD. 05/02/2008 ISSUED BY THE DISTRICT PLANNING OFFICER. (IN I.A. NO. 2910/2008). EXT.R4.A: COPY OF THE MINUTES OF THE PANCHAYATH COMMITTEE MEETING HELD ON 17/09/2007. EXT.R4.B: COPY OF THE MINUTES OF THE PANCHAYATH COMMITTEE MEETING HELD ON 15/01/2008. EXT.R4.C: COPY OF THE INTERIM ORDER DTD. 28/01/2008 IN W.P.(C). NO. 3382/2008. ANNEXURE.A1: COPY OF THE RESOLUTION DTD. 25/02/2008 OF THE GRAMASABHA OF WARD NO.11. //TRUE COPY// prv. PIUS C. KURIAKOSE, J. ---------------------------------- W.P.(C) NO. 5965 OF 2008 ---------------------------------- Dated this the 20th day of February , 2008 O R D E R Sri.Joby Jose Kondody submits that the President and Ward Members of the 3rd respondent Panchayat, who were parties to the W.P.(C) NO.4364/2008 are filing application seeking their impleadment as additional respondents in this writ petition. Sri.Georgekutty presses for interim orders. 2. I have heard the submissions of Sri.Georgekutty Mathew, the learned counsel for the petitioner and Sri.Sunil Cyriac, the learned counsel for the 3rd respondent. 3. My attention was drawn by Sri.Georgekutty Mathew to Rule 13(5) of the Kerala District Planning Committee (Election of Members and Proceedings of Meeting) Rules 1995 and also to Section 53 of the Kerala Municipality Act. The learned counsel would submit that Ext.P8 is vitiated by procedural irregularity in as much as the decision was taken, not by voting. The counsel pointed out that in the meeting on 15.2.2008 among the twelve elected members of the DPC, Smt.Nirmala Jimmy, Smt.Molly Peter, Royce Chirayil, Smt.Mary Sebastian, Smt.Sudha Kurian and also the Chairman of the D.P.C. ( President of the District Panchayat) alone were in favour of the approval being granted to the annual plan of the Panchayat. Sri.Girish S.Nair, Smt. Flory Mathew, Kunjappan, Rameshan and Gopalakrishnan as well as principal Secretary were opposed to grant of such approval. Sri.Kunjappan , another member of the District Panchayat had clearly opposed grant of approval and in Ext.P8 decision was taken ignoring the opinion of Sri.Kunjappan. If Kunjappan's opinion is also taken into account, there will result a tie between the members opposing and accepting the proposal to grant approval and in the case of a tie it is necessary that the President exercises his casting vote. In this case, there has been no voting and much less exercise of casting vote. 4. Sri.Sunil Cyriac, the learned Standing Counsel for the Panchayat submits that it is not obligatory that a ballot should be taken, but what is necessary is that majority amongst the members should concur. There was majority. According to the learned counsel, he has instructed to submit that at a time when the particular item on the agenda i.e item of giving approval to the annual plan of Kozhuvanal Panchayat was taken up, Sri.Kunjappan had already left the meeting hall. The above submission was very stiffly opposed by Sri.George Mathew as well s by the learned Government Pleader. According to them, the Secretary is totally incompetent to make such a submission since the Secretary of the Panchayat is not a member of the D.P.C.. Sri.Sunil Cyriac would respond, that though the Secretary of the Panchayat is not member of the DPC., he had been invited and he was actually present in the meeting hall and hence competent to submit as to what really transpired in the hall. I have already been informed that the President and the Council of the 3rd respondent are seeking their impleadment. I am not inclined on the submissions addressed so far to grant the interim order sought for staying the operation of Ext.P8, since in my view the same will be detrimental to the interest of the citizenry of the 3rd respondent Panchayat. For further hearing post on 25.2.2008 along with the impleadment petition. PIUS C. KURIAKOSE, JUDGE. dpk PIUS C. KURIAKOSE, J. ---------------------------------- W.P.(C) NO. 5965 of 2008 ---------------------------------- Dated this the 10th day of March , 2008 JUDGMENT Heard both sides. 2. Having regard to the interim order already passed in this case, I am of the view that the only direction which can be aspired for by the petitioner in this writ petition is a direction to the Panchayat to include items of work sought for by the petitioner in the next year's annual plan. I am of the view that the petitioner is justified in making such a request. Accordingly, this Writ Petition is disposed of directing the third respondent to include items of works requested by the petitioner to be included in the present year's annual plan in the next years annual plan. PIUS C. KURIAKOSE, JUDGE. dpk