IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 26TH JULY 2010 / 4TH SRAVANA 1932 WP(C).No. 5715 of 2010(L) ------------------------------------- PETITIONERS: --------------------- 1. THE KADANAD GRAMA PANCHAYATH, REPRESENTED BY ITS PRESIDENT, KADANAD P.O., KOTTAYAM DISTRICT. 2. KUSUMAM SASI, CHITADICHALIL HOUSE, KADANAD P.O., KOTTAYAM DISTRICT. 3. JOYAMMA JOJO, KUNNUMPURATH HOUSE, KADANAD P.O., KOTTAYAM DISTRICT. BY ADV. SRI.GEORGEKUTTY MATHEW. RESPONDENTS: ------------------------ 1. THE DISTRICT COLLECTOR, COLLECTORATE, KOTTAYAM. 2. THE DISTRICT MISSION CO-ORDINATOR, KUDUMBASREE, DISTRICT PANCHAYATH BHAVAN, KOTTAYAM-2. 3. SHINY EBINSON, ETTIYAKATTU HOUSE, ENCHIKAVU, KURUMANNU P.O., KOTTAYAM DISTRICT. R1 & R2 BY GOVERNMENT PLEADER SMT. N. SUDHA DEVI, R3 BY ADV. SRI.P.C.HARIDAS. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/07/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.5715/2010-L: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE RESOLUTION DTD. 12/10/09 PASSED BY THE C.D.S. KUDUMBASREE KADANAD UNIT. EXT.P.2: COPY OF THE RELEVANT EXTRACT OF THE BYE LAW OF THE KUDUMBASREE. EXT.P.3: COPY OF THE REPRESENTATION DTD. 06/02/2010 FILED BY THE P.2. AND OTHERS BEFORE THE R.1. EXT.P.4: COPY OF THE REPRESENTATION DTD. 06/02/2010 FILED BY THE P.3. AND OTHERS BEFORE THE R.1. EXT.P.5: COPY OF THE SAID RESOLUTION DTD. 08/02/2010 PASSED BY THE EXECUTIVE COMMITTEE OF THE KADANADU GRAMA PANCHAYATH. EXT.P.6: COPY OF THE COVERING LETTER DTD. 09/02/2010 FILED BY THE P.1. BEFORE THE R.1. EXT.P.7: COPY OF THE REPRESENTATION DTD. 09/02/2010 FILED BY THE P.1. AND OTHERS BEFORE THE R.1. EXT.P.8: COPY OF THE AFFIDAVIT DTD. 28/03/2010 SIGNED BY THE C.D.S. MEMBER NAMELY USHA SIVAN. EXT.P.8.(A): COPY OF THE AFFIDAVIT DTD. 28/03/2010 SIGNED BY THE C.D.S. MEMBER NAMELY MOLLY JOSE. EXT.P.8.(B): COPY OF THE AFFIDAVIT DTD. 28/03/2010 SIGNED BY THE C.D.S. MEMBER NAMELY MARY JOSE. EXT.P.8.(C): COPY OF THE AFFIDAVIT DTD. 28/03/2010 SIGNED BY THE C.D.S. MEMBER NAMELY KUSUMAM SASI. EXT.P.8.(D): COPY OF THE AFFIDAVIT DTD. 28/03/2010 SIGNED BY THE C.D.S. MEMBER NAMELY JOYAMMA JOJO. EXT.P.8.(E): COPY OF THE AFFIDAVIT DTD. 28/03/2010 SIGNED BY THE C.D.S. MEMBER NAMELY LEELAMMA SANNI. EXT.P.8.(F): COPY OF THE AFFIDAVIT DTD. 28/03/2010 SIGNED BY THE C.D.S. MEMBER NAMELY P.S. VANAJAKUMARI. EXT.P.8.(G): COPY OF THE AFFIDAVIT DTD. 28/03/2010 SIGNED BY THE C.D.S. MEMBER NAMELY CELINE THOMAS. EXT.P.9: COPY OF THE NOTICE DTD. 15/10/09. EXT.P.10: COPY OF THE DECISION OF THE EXECUTIVE COMMITTEE OF THE PANCHAYATH DTD. 21/10/09. EXT.P.11: COPY OF THE DECISION OF THE C.D.S. COMMITTEE DTD. 31/10/09. EXT.P.12: COPY OF THE DECISION OF THE EXECUTIVE COMMITTEE OF THE PANCHAYATH DTD. 08/02/2010. W.P.(C). NO.5715/2010-L: EXT.P.13: COPY OF THE PETITION DTD. 05/12/2009 SUBMITTED BY C.D.S. MEMBERS KUDUMBASREE KADANAD UNIT BEFORE THE S.I. OF POLICE, MELUKAVU WITH RECEIPT. EXT.P.14: COPY OF THE PETITION DTD. 04/01/2010 SUBMITTED BY THE C.D.S. MEMBERS BEFORE THE CHARGE OFFICER, KUDUMBASREE KADANADU UNIT. EXT.P.15: COPY OF THE LETTER DTD. 23/01/2010 SUBMITTED BY THE P.1. BEFORE CHARGE OFFICER, KUDUMBASREE KADANADU UNIT. EXT.P.16: COPY OF THE LETTER DTD. 23/01/2010 SUBMITTED TO THE P.1. BY THE CHARGE OFFICER, KUDUMBASREE, KADANADU UNIT. RESPONDENTS' EXHIBITS: EXT.R2.A: COPY OF THE GOVERNMENT ORDER DTD 07/01/2010. EXT.R2.B: COPY OF THE LETTER GIVEN BY THE MEMBERS TO THE R.2. EXT.R2.C: COPY OF THE LETTER DTD. 18/03/2010. EXT.R3.A: COPY OF THE G.O.NO.67/2010 DTD. 07/01/2010. EXT.R3.B: COPY OF THE LETTER DTD. 23/10/2009. EXT.R3.C: COPY OF THE COMPLAINT DTD. 16/11/2009 OF THE R.3. EXT.R3.D: COPY OF THE APPLICATION SUBMITTED BY THE R.3. EXT.R3.E: COPY OF THE FIR IN CRIME NO. 264/09 OF MELUKAVU POLICE STATION. EXT.R3.F: COPY OF THE REPLY DTD. 11/01/2010 BY THE R.3. TO THE SECRETARY OF THE KADANADU GRAMA PANCHAYATH. EXT.R3.G: COPY OF THE BYE LAWS OF THE KUDUMBASREE. EXT.R3.H: COPY OF THE LETTER DTD. 18/03/2010 OF BINO UNNI TO THE R.1. EXT.R.3.I: COPY OF THE COMPLAINT DTD. 07/11/2009 OF MARYKUTTY. EXT.R3.J: COPY OF THE COMPLAINT OF THE ANGANWADI WORKERS. EXT.R3.K: COPY OF THE LETTER DTD. 26/03/2010 OF THE MEMBER SECRETARY OF THE KUDUMBASREE. EXT.R3.L: COPY OF THE NOTICE DT. 11/03/2010. EXT.R3.M: COPY OF THE MINUTES OF THE MEETING OF CDS DTD. 23/04/2010. //TRUE COPY// P.S. TO JUDGE. Prv. T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 5715 of 2010-L - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of July, 2010. JUDGMENT The petitioners herein are the Kadanad Grama Panchayat and members of CDS (Community Development Society) and ADS (Area Development Society) of the Kudumbasree unit. The third respondent herein is the present Chairperson of the CDS. According to the petitioners, the third respondent is not acting properly as the Chairperson of the CDS. There is a bye-law governing the administration of the CDS and ADS. It is mainly pointed out that in view of the various commissions and omissions of the third respondent, some members have sought removal of the third respondent, but the meetings of the general body are not being held. 2. Learned counsel for the third respondent contended that it is not athe general body which can consider any motion of no confidence. It is further pointed out that the bye-law is silent on that aspect also. 3. The second respondent will take a decision with regard to the request to conduct a meeting of the general body and the grievances raised by the petitioners against the third respondent, after hearing all the parties, expeditiously, at any rate, within one month from the date of receipt of a wpc 5715/2010 2 copy of this judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/