IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 28TH OCTOBER 2009 / 6TH KARTHIKA 1931 WP(C).No. 30478 of 2009(O) -------------------------- OPEA.6/2008 of D.C & SESSIONS COURT,TRIVANDRUM .................... PETITIONER: ------------- BIJU KUMAR.A., PLLATHUKAKKAL VEEDU, KALLIYOOR GRAMA PANCHYATH,THIRUVANANTHAPURAM DISTRICT. BY ADV. MR.R.GOPAN RESPONDENTS: ---------------- 1. JYOTHISH KUMAR.T., PARANKIMAM VILA VEEDU KALLIYOOR, THIRUVANANTHAPURAM. 2. J.VIJAYA, S/O. JANARDHANAN, KANNANKUZHI VEEDU, KAKKAMOOLA, KALLIYOOR.P.O. THIRUVANANTHAPURAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ----------------------------------- W.P.(C).No.30478 of 2009 - O --------------------------------- Dated this the 28th day of October, 2009 J U D G M E N T Writ petition is filed seeking the following relief: “To issue a writ of mandamus or order or direction, directing the Principal District Judge, Thiruvananthapuram to dispose of Appeal Petition (Election) No.6/2008 forthwith.” 2. Petitioner had contested the election to ward No.17 of Kalliyoor Grama Panchayath held on 24.9.2005 in which the first respondent was elected as the returned candidate. Challenging the election of the first respondent, petitioner filed O.P(Ele).No.3 of 2005 before the Munsiff Court III, Thiruvananthapuram. Petition was allowed in his favour declaring the election of the first respondent as void. First respondent has preferred an appeal, which is now pending as Election Appeal No.6 of 2008 before the Principal District Court, thiruvananthapuram. The grievance canvassed by the petitioner in the writ petition is that the term of the members of the present Panchayath is to expire within a short time and unless and until a decision is rendered expeditiously, he will not be able to enjoy the fruits of the order W.P.(C).No.30478 of 2009 - O 2 rendered in his favour. Petitioner seeks issue of a writ or order or direction to the lower appellate court for an expeditious disposal of the election appeal 6 of 2008. 3. Having regard to the submissions made and taking note of the facts and circumstances presented I find no notice to the respondents is necessary and hence it is dispensed with. 4. Petitioner has produced Ext.P4, copy of the B Diary in the election appeal. It is seen that the appeal after being heard is adjourned from time to time and not disposed of. Learned District Judge is directed to dispose of the appeal, as expeditiously as possible, at any rate, within a period of three weeks from the date of receipt/production of a copy of this judgment. Writ petition is disposed of as above. Hand over a copy of the judgment to the counsel for the petitioner on usual terms and send a copy to the court concerned forthwith. S.S.SATHEESACHANDRAN, JUDGE. bkn/-