IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MRS.MANJULA CHELLUR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 14TH DECEMBER 2011 / 23RD AGRAHAYANA 1933 WA.No. 1901 of 2011 --------------------- AGAINST THE JUDGEMENT IN WPC.15935/2011 DATED 29/06/2011 .................... APPELLANT/PETITIONER: --------------------------- JOY KAITHARATH, S/O.ANTHONY, MONODY, VELLEKULANGARA.P.O., THRISSUR DISTRICT-680 693. BY ADV. SRI.KALEESWARAM RAJ RESPONDENTS/RESPONDENTS: ----------------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, KERALA GOVERNMENT SECRETAIRAT, THIRUVANANTHAPURAM-695 001. 2. THE DIRECTOR OF PANCHAYATS, THIRUVANANTHAPURAM-695 001. 3. MATTATHOOR GRAMA PANCHAYAT, MATTATHOOR.P.O., THRISSUR DISTRICT, REPRESENTED BY ITS SECRETARY, MATTATHOOR GRAMA PANCHAYAT, MATTATHOOR.P.O., THRISSUR DISTRICT. PIN-680 684. 4. THE PRESIDENT, MATTATHOOR GRAMA PANCHAYAT, MATTATHOOR.P.O., THRISSUR DISTRICT-680 684. R1 & R2 BY SENIOR GOVT. PLEADER, SMT. K. MEERA. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 14/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Manjula Chellur, Ag. C.J. & P.R.Ramachandra Menon, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A. No. 1901 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of December, 2011 JUDGMENT Manjula Chellur, Ag. C.J. Heard Sri.Kaleeswaram Raj, learned counsel for the appellant. 2. After perusal of Exts.P1, P5 and P12 we note that, Ext.P12 came to be issued in the light of General Elections to Local Governments scheduled in the month of October 2010. We also note from Ext.P1 that there was a decision on an earlier occasion to bifurcate the Mattathoor Grama Panchayat in Thrissur District. But, however, the same was withdrawn and Ext.P12 came to be made in view of the Local Government Elections scheduled in October, 2010. The gist of these exhibits, i.e. Exts.P1, P5 and P12 would indicate that the powers vested in the Government under Section 4 of Kerala Panchayat Raj Act, 1994 were exercised depending upon the need of the hour. 3. It is still open to the appellant to give a representation and seek bifurcation of the Panchayat as earlier W.A. No. 1901 of 2011 -:2:- done as per Ext.P1 and it is left to the Government to take a decision in accordance with the procedure contemplated under the above enactment. As the present litigation is only with regard to the order at Ext.P12, therefore, there is no finality or definite stand by the Government so far as the Mattathoor Grama Panchayat is concerned. In that view of the matter, we dispose of the Appeal reserving liberty to the appellant to approach the Government seeking for bifurcation of Mattathoor Grama Panchayat by bringing to the notice of the Government all the relevant facts to be indicated and thereafter he is at liberty to challenge the same, if he is aggrieved by the decision of the Government. All contentions are kept open. Manjula Chellur, Ag. Chief Justice. P.R.Ramachandra Menon, Judge. ttb