IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 2ND AUGUST 2010 / 11TH SRAVANA 1932 WP(C).No. 23725 of 2010(M) -------------------------- PETITIONER: --------------- E.ABOOBACKER HAJI, S/O.LATE SHEIK AHAMMED, S.A.MANZIL, ETHIRTHODE, EDNEER PO CHENGALA, KASARGODE. BY ADV. SRI.V.C.JAMES SRI.SERGI JOSEPH THOMAS RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT LOCAL SELF GOVERNMENT DEPARTMENT GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PANCHAYATH DIRECTORATE OF PANCHAYATH THIRUVANANTHAPURAM. BY GOVT.PLEADER SHRI C.M.SURESH BABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/08/2010,ALONG WITH W.P.(C)No.23158/10 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)Nos. 23158 & 23725 of 2010 ------------------------------------------------------ DATED THIS THE 2nd DAY OF AUGUST, 2010 JUDGMENT The petitioner in W.P.(C)No.23725/10 is a political activist who is residing in the limits of Chengala Grama Panchayat in Kasaragod District in Ward No.3. The petitioner in W.P.(C)No.23158/10 is a resident and voter of Karadukka Grama Panchayat. The petitioners are aggrieved by the constitution in respect of Karadukka and Kasaragod Block Panchayats. 2. Exhibit P1 is the notification containing the proposal issued by the Government. The Government thereby notified the inclusion of Kumbadaje, Bellur, Chengala, Karadukka, Mulliyar, Delampady, Bedaduka and Kuttikol Panchayats in Karadukka Grama Panchayat. When the final notification was issued as per Exhibit P2, the Chengala Grama Panchayat was excluded from Karadukka Grama Panchayat and is retained in Kasaragod Block Panchayat. This is under challenge in these Writ Petitions. 3. The petitioners have given in detail the population of the Panchayat in paragraphs 3 and 4 of the Writ Petition. It is mainly contended by the learned counsel for the petitioners that the population figures will show that there is gross disparity with respect to W.P.(C)No.23158 & 23725/10 -2- the constitution of the two new block Panchayats which was obligatory for the Government to consider. It is pointed out that the failure to consider the above aspects vitiates the final notification. 4. Actually, neither the provisions of the Constitution nor the provisions of the Panchayat Raj Act have prescribed any particular figure so far as the population is concerned for inclusion in a particular Block Panchayat. Further, the components of the Block Panchayats are the Village Panchayats having different populations. Therefore, it may not be possible to get an arithmetical precision with regard to the population of each Block Panchayats, that too on an equal basis. It may vary in each case. Since the entire area of Village Panchayats have been included in the Block Panchayats, it may not be proper to insist on a particular figure as a bench mark for the population of a Block Panchayat also. In that view of the matter, I find no reason to interfere with the same. The Writ Petitions are accordingly dismissed. T.R.RAMACHANDRAN NAIR, JUDGE. dsn