IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 22ND FEBRUARY 2010 / 3RD PHALGUNA 1931 WP(C).No. 5730 of 2010(M) ------------------------- PETITIONER(S): --------------- 1. T.K.KUNJUMON,S/O.JOSEPH,AGED 51 YEARS, RESIDING AT BUNGALOW PARAMBU,VADACANAL WARD, ALAPPUZHA-688007,ALAPPUZHA DLISTRICT. 2. K.SHAJI,S/O.KOYA,AGED 42 YEARS, RESIDING AT TAHIPARAMBU,VADACANAL WARD, ALAPPUZHA-688007,ALAPPUZHA DISTRICT. BY ADV. SRI.K.N.VENUGOPALA PANICKER RESPONDENT(S): --------------- 1. THE STATE OF KERALA REPRESENTED BY CHIEF SECRETARY,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE STATE ELECTION COMMISSION, OFFICE OF THE STATE ELECTION COMMISSION, THIRUVANANTHAPURAM. 3. ALAPPUZHA MUNICIPALITY REPRESENTED BY ITS MUNICIPAL SECRETARY,MUNICIPAL OFFICE, ALAPPUZHA. 4. THE ELECTORAL REGISTRATION OFFICER, ALAPPUZHA MUNICIPALITY,MUNICIPAL OFFICE, ALAPPUZHA. 5. DISTRICT ELECTION OFFICER,OFFICE OF THE DISTRICT COLLECTOR,ALAPPUZHA. ADV. SRI.MURALI PURUSHOTHAMAN, SC,K.S.E.COMM FOR R2,4&5 BY GOVT. PLEADER SMT. K.R. DEEPA SC FOR R3 SRI. M.K.CHANDRAMOHANDAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.5730 OF 2010 (M) -------------------------------------------------- Dated this the 22nd day of February, 2010 J U D G M E N T Prayer sought in this writ petition is to direct the 4th respondent not to finalize the electoral roll for Vadacanal Ward (Ward No.48) without deciding or disposing of the complaints allegedly made by the petitioners regarding double registration of voters. According to the petitioners, by-election to the aforesaid ward is going to be scheduled without deciding on their complaints. 2. A reading of Section 80 of the Kerala Municipality Act shows that even after the publication of the final voters list, which in this case was done on 10.2.2010, if a person is aggrieved by any inclusion in the electoral roll, he can seek amendment, transposition or deletion by making new application to the Electoral Registration Officer. Such remedy is available till the last date for making nomination for the election. Therefore, it is open to the petitioners even at this WPC.No.5730 /2010 :2 : stage to seek their remedy under Section 80(3) of the Municipality Act. In view of this, I am not think it necessary for this court to entertain this writ petition. Writ petition fails and is dismissed. (ANTONY DOMINIC) JUDGE vi/