IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 7TH MARCH 2011 / 16TH PHALGUNA 1932 WP(C).No. 6267 of 2011(G) -------------------------------------- PETITIONER(S): ------------------------ V.T. THOMAS, S/O. THOMAS, AGED 57 YEARS, PRESIDENT, ARALAM GRAMA PANCHAYATH, P.O. ARALAM, KANNUR DISTRICT. BY ADV. SRI.V.C.JAMES, SRI.GEORGE MECHERIL. RESPONDENT(S): -------------------------- 1. THE STATE ELECTION COMMISSION, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY-695 033. 2. THE DISTRICT COLLECTOR AND THE DISTRICT ELECTORAL OFFICER, KANNUR-670 001. 3. THE ELECTORAL REGISTRATION OFFICER & THE SECRETARY, G-68, ARALAM GRAMA PANCHAYATH, KANNUR DISTRICT-670 701. 4. THE RETURNING OFFICER AND THE ASST. REGISTRAR (GENERAL) OF CO-OPERATIVE SOCIETIES KUTHUPARAMBA, KANNUR DISTRICT-670 701. R1 BY ADV. SRI.MURALI PURUSHOTHAMAN, SC, K.S.E.COMMMN. R2 & R4 BY GOVT. PLEADER SMT.K.R. DEEPA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/03/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs C.T.RAVIKUMAR, J. --------------------------------------- W.P(C)No.6267 of 2011 ---------------------------------------- Dated 7th March, 2011 JUDGMENT The petitioner who is the President of Aralam Grama Panchayat filed this writ petition mainly with the prayer to issue a writ of mandamus commanding the second respondent, the District Collector and the District Electoral Officer, Kannur to consider and pass orders on Ext.P4 forthwith in the light of the report of the Deputy Director of Panchayat, Kannur and shift the polling stations to Adichuvari, Nirmala L.P. School. When this matter is taken up for consideration today, the learned standing counsel appearing for respondents 1 to 3 furnished a copy of Order No.P3-2011/52492/11 dated 21.2.2011. It would reveal that pursuant to Ext.P4 and such other representation made by Sri.K.Valayudhan and taking note of the objection by Sri.N.K.Varkey the Collector had convened a meeting of the political parties on 16.2.2011. However, no consensus could be arrived at, in the said meeting. Taking into account the said fact and also the fact that the date of next election was already announced, the second respondent took a decision to retain the polling stations of the general election as polling stations for the by- election. It is thus obvious that a decision was taken on Ext.P4 by the WP(C).No.6267/2011 2 second respondent on 21.2.2011. Evidently, the said order was communicated to the petitioner and the other parties. In view of the fact that the only grievance of the petitioner was relating the non- consideration of Ext.P4 by the second respondent, I am of the view that nothing survives for consideration in this writ petition in view of the aforesaid order dated 21.2.2011. The by-election is scheduled to be held on 8.3.2011. Accordingly, this writ petition is dismissed as infructuous. Sd/- C.T.RAVIKUMAR Judge TKS // true copy // P.S. to Judge