IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL FRIDAY, THE 11TH NOVEMBER 2011 / 20TH KARTHIKA 1933 WP(C).No. 30144 of 2011(P) ---------------------------------------- PETITIONER(S): ------------------------ NIGELESH.P.K., S/O.KRISHNAN, PADINJAROOT HOUSE, THANDILAM, VALLATTANJOOR PO, THRISSUR DISTRICT, MEMBER, VELUR GRAMA PANCHAYATH. BY ADV. SRI.JIJO PAUL RESPONDENT(S): --------------------------- 1. THE SECRETARY, VELUR GRAMA PANCHAYATH, VELUR GRAMA PANCHAYATH OFFICE, VELUR, THRISSUR - 680 601. 2. CHILD DEVELOPMENT PROJECT OFFICER, VADAKKANCHERRY, THRISSUR DISTRICT, (IN HIS CAPACITY AS THE RETURNING OFFICER, VELUR GRAMA PANCHAYATH, THRISSUR DISTRICT)-680 582. 3. SUB INSPECTOR OF POLICE, ERUMAPPETTY, THRISSUR DISTRICT - 680 584. 4. CIRCLE INSPECTOR OF POLICE, KUNNAMKULAM, THRISSUR DISTRICT - 680 503. 5. SUPERINTENDENT OF POLICE, THRISSUR - 680 001. 6. SURESH MELEPURACKAL, MELEPURACKAL HOUSE, VELUR PO, THRISSUR - 680 601, PRESIDENT, VELUR GRAMA PANCHAYATH, THRISSUR DISTRICT. R3 TO R5 BY GOVERNMENT PLEADER SRI. DHANESH MATHEW MANJOORAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.30144/2011 P APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE NOTICE DTD. 05/11/2011 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. P2: COPY OF THE REPRESENTATION DTD. 09/11/2011 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. P3: COPY OF THE RECEIPT ISSUEDBY THE 4TH RESPONDENT UPON RECEIPT OF EXHIBIT P2. P4: COPY OF THE LIST OF THE MEMBERS. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss PIUS C.KURIAKOSE & K.HARILAL,JJ ------------------------------------------------- W.P(C) No.30144 of 2011 -------------------------------------------------- Dated this the 11th day of November, 2011 J U D G M E N T Pius C. Kuriakose, J The petitioner is a member of Velur Grama Panchayat and was one of the signatories to no-confidence motion against the former president of the Panchayat. He seeks direction to respondents 3 to 5 police officers to render adequate police protection so that election to the post of president of the Panchayat which is scheduled to be held on 15th November, 2011 is conducted peacefully. Considering the urgency of the situation as projected in the writ petition and as highlighted before us by Sri.Jijo Paul, the learned counsel for the petitioner, we directed Mr.Dhanesh Mathew Manjooran, the learned Government Pleader to take notice on behalf of respondents 3 to 5. He took notice and we have heard him. According us, even without issuing notice to respondents No.2 the returning officer, relief to a certain extent can be granted to the petitioner. Accordingly, we dispose of this writ petition issuing the following directions: W.P(C) No.30144 of 2011 2 i) The 3rd respondent will take up Ext.P2 immediately and he will visit the venue of the election, the conference hall of the Grama Panchayat at least by 10 AM on the election day and have an overall assessment of the situation. At any rate, it is his duty to ensure that the election to the post of President of the Grama Panchayat is conducted peacefully. The requisite members of police personnel shall be deputed at the venue of the election for ensuring peaceful conduct of the election. PIUS C. KURIAKOSE JUDGE K.HARILAL JUDGE ab