IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 3RD MARCH 2010 / 12TH PHALGUNA 1931 WP(C).No. 6791 of 2010(Y) ------------------------- PETITIONER(S): --------------- K.T.RAJAN, S/O. C.K.THEVAN, COUNCILLOR, KALAMASSERY MUNICIPALITY, RESIDING AT KOYIKAL HOUSE, CUSAT PO. BY ADV. SRI.A.B.JALEEL RESPONDENT(S): --------------- 1. GOVERNMENT OF KERALA,REPRESENTED BY THE PRINCIPAL SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, ERNAKULAM, CIVIL STATION, KAKKANAD. 3. KALAMASSERY MUNICIPALITY, REPRESENTED BY THE SECRETARY, KALAMASSERY MUNICIPALITY. 4. THRIKKAKARA PANCHAYATH,REPRESENTED BY THE SECRETARY, THRIKKAKARA PANCHAYAT, CIVIL STATION KAKKANAD. MS.K.R.DEEPA, GOVERNMENT PLEADER MR.M.K.ABOOBACKER, SC FOR R3 MR.SHANAVASKHAN, SC FOR R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.6791 of 2010 (Y) --------------------------------- Dated, this the 3rd day of March, 2010 J U D G M E N T The area, where the Thrikkakara temple is situated, is presently a part of Kalamassery Municipality. Certain persons moved the Ombudsman for Local Self Government Institutions to get the temple area included in the Thrikkakara Grama Panchayat. By Ext.P1 proceedings, the Ombudsman forwarded the application to the Government for its decision. 2. In the meanwhile, the Municipality passed Ext.P2 resolution opposing any such move. It would appear that the Government also obtained a report from the District Collector and has issued Ext.P4, seeking the views of the Municipality. It is at that stage, the writ petition has been filed by a Councilor of the Kalamassery Municipality, praying for a direction to the Government not to decide the matter without hearing persons like him. In my view, this writ petition is premature. When request was made to the Ombudsman, realising that it has no power to decide WP(C) No.6791/2010 -2- the issue, and the Ombudsman has forwarded the request to the Government for a decision. The Government has obtained the report of the District Collector, sought the views of the Kalamassery Municipality and no decision has been taken so far. This Court can examine the issue only if a final decision is taken and that too within the limited scope of judicial review. At this stage, no decision has been taken by the Government and therefore, there is no question of entertaining the writ petition or issuing any direction as sought for. The writ petition fails and is accordingly dismissed. (ANTONY DOMINIC, JUDGE) jg