IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 8TH SEPTEMBER 2010 / 17TH BHADRA 1932 WP(C).No. 22421 of 2010(C) -------------------------- PETITIONER: --------------- THERASSAMMA CHERIAN, PRESIDENT, KIDANGOOR GRAMA PANCHAYAT, KIDANGOOR P.O.,KOTTAYAM-686572 BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENTS: --------------- 1. THE RURAL DEVELOPMENT COMMISSIONER RURAL DEVELOPMENT COMMISSIONERATE, LMS COMPOUND THIRUVANANTHAPURAM-695001 2. THE STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT (EM)DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANATHAPURAM-695001 3. THE KERALA STATE DELIMITAITN COMMISSION REP.BY ITS SECRETARY, THIRUVANANTHAPURAM-695001. R3 BY ADV. SRI.MURALI PURUSHOTHAMAN, SC FOR DELIMITATION COMMISSION R2 BY SPECIAL GOVERNMENT PLEADER SRI. C.M. SURESH BABU. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/09/2010, ALONG WITH WPC NO. 26810 OF 2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) 22421/2010 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 COPY OF THE LETTER DATED 9.6.2010 OF THE 1ST RESPONDENT. EXT.P2 COPY OF THE NOTIFICATION ISSUED BY THE 2ND RESPONDENT PERTAINING TO THE KIDANGOOR GRAMA PANCHAYAT DATED 5.6.2010 (RELEVANT PAGES). EXT.P3 COPY OF THE RESOLUTION DATED 14.6.2010. EXT.P4 COPY OF THE COVERING LETTER UNDER WHICH THE RESOLUTION WAS FORWARDED TO THE 2ND RESPONDENT DATED 14.6.2010. EXT.P5 COPY OF THE RESOLUTION PASSED BY THE UZHAVOOR BLOCK PANCHAYAT DATED 15.6.2010. EXT.P6 COPY OF THE COVERING LETTER UNDER WHICH RESOLUTION OF THE UZHAVOOR BLOCK PANCHAYAT FORWARDED TO THE 2ND RESPONDENT DATED 15.6.2010. EXT.P7 COPY OF THE RESOLUTION DATED 24.6.2010. EXT.P8 COPY OF THE LETTER ISSUED BY THE KADUTHURUTHY MLA. EXT.P9 COPY OF THE NOTICE DATED 19.6.2010. EXT.P10 COPY OF THE SKETCH OF KOTTAYAM REVENUE DISTRICT. EXT.P11 COPY OF THE NOTICE DATED 9.7.2010 ALONG WITH ANNEXURES CALLING FOR OBJECTIONS REGARDING DELIMITATION OF WARDS OF PAMPADY BLOCK PANCHAYAT. EXT.P12 COPY OF THE G.O.P. NO. 139/2010/G. ADM. DATED 2.7.2010 (RELEVANT PAGES). RESPONDENTS' EXHIBITS: NIL. // TRUE COPY // P.S. TO JUDGE. KNC/- P.N. RAVINDRAN, J. = = = = = = = = = = = W.P.(C) Nos. 22421/2010 & 26810/2010 = = = = = = = = = = = = DATED THIS, THE 8TH DAY OF SEPTEMBER, 2010. J U D G M E N T A common question arises in these writ petitions. They were therefore, heard together and are being disposed of by this common judgment. 2. The petitioner in W.P.(C) 22421 of 2010 is the President of the Kidangor Grama Panchayat. The petitioner in the connected writ petition is a resident of the said Grama Panchayat. In these writ petitions, petitioners challenge Ext.P12 notification dated 2.7.2010 produced in W.P.(C) 22421/2010 (Ext.P8 in the connected writ petition) whereby the Government have re-constituted Pampady Block Panchayat by including Kidangoor Grama Panchayat, which was formerly a part of Uzhavoor Block Panchayat. It is contended that the Government did not take into account the views expressed by the Panchayat and its members and also the hardship to which the residents of Kidangoor Grama Panchayat will be put to, if Kidangoor Grama Panchayat is included in Pampady Block Panchayat and the residents are forced to travel to Pallikkathodu, which is situated far away from Kidangoor Grama Panchayat for various purposes. The petitioners also rely on the decision of a learned Single Judge of this Court WP(C) 22421 & 26810/2010 2 in Saji Joseph v. State of Kerala (2010(3) KLT 672) in support of their contentions. 3. The respondents have filed a counter affidavit. In addition to the stand taken in the counter affidavit, it is now brought to my notice that the final delimitation order in respect of Pampady Block Panchayat and Uzhavoor Block Panchayat and other Block Panchayats in the State of Kerala have been issued and published in the Kerala Gazette (Extra ordinary) dated 26.8.2010. Sri. Suresh Babu, learned Government Pleader appearing for the State of Kerala and Sri. Murali Purushothaman, learned Standing Counsel appearing for the State Election Commission submit that if, at this stage, the impugned notification of the State Government is interfered with, it will have the effect of unsettling the Delimitation order. The learned counsel also submit that in view of the provisions contained in Article 243 O (a) of the Constitution of India and section 10(3A) of the Kerala Panchayat Raj Act, the petitioners cannot attack or impugn the Delimitation order as it has the force of law. The learned counsel also submit that in Saji Joseph v. State of Kerala (supra), the delimitation exercise had not been carried out and was only in the initial stages and that the said issue did not thereby arise for consideration in that case. 4. The petitioners do not dispute the fact that the Delimitation order WP(C) 22421 & 26810/2010 3 in respect of Pampady and Uzhavoor Block Panchayats has been issued and published in the Kerala Gazette (Extra ordinary) dated 26.8.2010. In view of Article 243 O(a) of the Constitution of India and section 10 (3A) of the Kerala Panchayat Raj Act, the petitioners cannot challenge the said delimitation order. If that be so, petitioners cannot, at this stage, successfully challenge Ext.P12 notification issued by the State Government. In such circumstances, even if this Court were to hold that on the merits, the petitioners are entitled to succeed in the writ petition, no relief can be granted to them in view of the final Delimitation order. Therefore, on that short ground, the writ petitions will have to be dismissed. I accordingly hold that no relief can be granted to the petitioners in these writ petitions. The writ petitions fail and are dismissed. P.N. RAVINDRAN, (JUDGE) knc/-