IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 3RD SEPTEMBER 2010 / 12TH BHADRA 1932 WP(C).No. 27066 of 2010(G) -------------------------- PETITIONER(S): --------------- A.M.KUNJU MARIKKAR,ANJIKATH HOUSE, KAITHAPPADATH,THRIKKAKARA.P.O, ERNAKULAM DISTRICT. BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR SRI.SUNILNATH RESPONDENT(S): --------------- 1. THE KERALA STATE ELECTION COMMISSION, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM-695 032. 2. THE KERALA STATE DELIMITATION COMMISSION REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM-695 001. 3. THE STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT,LOCAL SELF GOVERNMENT(EM)DEPARTMENT,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 4. THE DISTRICT COLLECTOR,CIVIL STATION, ERNAKULAM DISTRICT-682 030. 5. THE THRIKKAKARA MUNICIPALITY, REPRESENTED BY ITS SECRETARY,THRIKKAKARA.P.O, ERNAKULAM DISTRICT-682030. BY ADV. SRI.MURALI PURUSHOTHAMAN, SC,K.S.E.COMM FOR R1 BY ADV. SRI.MURALI PURUSHOTHAMAN,SC,DELIMITATION FOR R2 BYADV. SRI.S.SHANAVAS KHAN FOR R5 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ------------------------------- W.P.(C) No.27066 of 2010 ------------------------------- Dated this the 3rd day of September, 2010 J U D G M E N T The petitioner, who is a resident of Ward No.38 of newly constituted Thrikkakara Municipality has filed this writ petition seeking the following reliefs:- i) to issue a writ of mandamus directing the respondents to show the building numbers on the extremity of each Ward, while publishing the final order fixing the boundaries of the Wards of Thrikkakara Municipality; ii) to issue a writ of mandamus directing the respondents not to conduct the draw of lots for the purpose of deciding the reserved constituencies (Wards) for conduct of election to the Thrikkakara Municipality, till final order is passed under Section 69(1) and the final voters list published under Section 78 of the Municipality Act; iii) to issue writ of mandamus directing the respondents to publish the final order issued under Section 69(1) in the manner provided under Section 69(2) of the Municipality Act. 2. The writ petition proceeds on the basis that the final Delimitation Order in respect of the Thrikakkara Municipality has not been issued. Sri.Murali Purushothaman, the learned standing counsel appearing for respondents 1 and 2 submits that the final Delimitation Order was issued on 28.10.2010 and that the draw of lots for W.P.(C) No.27066 of 2010 2 determining the reserved wards for women/SC-ST candidates will be held tomorrow. 3. Since the Delimitation Order has already been passed, reliefs 1 and 2 have become infructuous. As regards the publication of the Delimitation Order, the learned standing counsel submits that the Delimitation order has been duly published and that copies are available for sale. In such circumstances, I am of the opinion that the reliefs prayed for by the petitioner cannot be granted. If the petitioner has any grievance regarding the exercise carried out by the State Election Commission in the matter of reservation of wards of Thrikkakara Municipality, it will be open to him to challenge the same in other appropriate proceedings. His contentions in that regard are kept open. The writ petition is dismissed subject to the above observation. P.N.RAVINDRAN, Judge. nj.