IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 7TH SEPTEMBER 2010 / 16TH BHADRA 1932 WP(C).No. 27373 of 2010(V) -------------------------- PETITIONER(S): --------------- 1. E.K.DASAN, AGED 57 YEARS, S/O.KOCHAPPAN, EETTUMMALTHARA, ERIYAD P.O., KODUNGALLUR. 2. M.M.RAFI, AGED 37 YEARS, S/O.MOIDEEN, MAPPILAKULATHIL HOUSE, AZHEECODE, KODUNGALLUR. BY ADV. SRI.BABU KARUKAPADATH SMT.M.A.VAHEEDA BABU SRI.JAGAN GEORGE SRI.K.A.NOUSHAD SRI.P.G.PRAMOD SRI.KANDAMPULLY RAHUL RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY, DEPARTMENT OF LOCAL SELF GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. PIN 695 001 2. KERALA STATE DELIMITATION COMMISSION, THIRUVANANTHAPURAM, REP. BY ITS SECRETARY. PIN 695 001 3. ERIYAD GRAMA PANCHAYATH, ERIYAD P.O., KODUNGALLUR, REP. BY ITS SECRETARY. PIN 680 666 4. EDAVILANGU GRAMA PANCHAYATH, EDAVILANGU P.O., KODUNGALLUR, REP. BY ITS SECRETARY. PIN 680 671 5. KODUNGALLUR BLOCK PANCHAYATH, ERIYAD P.O., KODUNGALLUR, REP. BY ITS SECRETARY. PIN 680 664 6. MATHILAKOM BLOCK PANCHAYATH, MATHILAKOM P.O., PIN 680 685 THRISSUR DISTRICT. ADV. SRI.MURALI PURUSHOTHAMAN,SC,DELIMITATIO FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.27373 of 2010 ----------------------------------------- Dated this the 7th day of September, 2010 JUDGMENT The petitioners, who are residents of Eriyad Grama Panchayat have filed this writ petition seeking the following reliefs:- i) Declare that the proceedings and orders issued for amalgamating Eriyad and Edavilangu Panchayats as part of Mathilakom Block Panchayat is illegal and improper. ii) issue a writ of certiorari or any other writ, order or direction, quashing Ext.P1 Notification to the extent to which, it includes Eriyad and Edavilangu Panchayats as part of Mathilakom Block Panchayat and all further proceedings in pursuance to the same. The learned Government Pleader appearing for the first respondent submits that the Government have issued a notification dated 2.7.2010 re-constituting Kodungallur Block Panchayat. He also submits that what is challenged by the petitioners (Ext.P2, which is wrongly referred to as Ext.P1 in relief No.2) is only a proposal and therefore, the writ petition is liable to W.P(C).No.27373 of 2010 -:2:- be dismissed on the ground that the final notification is not under challenge. In such circumstances, as the petitioners have not chosen to challenge the final notification issued on 2.7.2010 no relief can be granted in this writ petition. It is accordingly dismissed without prejudice to the right of the petitioners to challenge the final notification, in other appropriate proceedings, if so advised. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.27373 of 2010 ---------------------------- JUDGMENT 7th September, 2010