Kerala High Court
WP(C)/35856/2019 of JINCY AJI, Vs DISTRICT POLICE CHIEF, on 31 December 2019
COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS TUESDAY, THE 31ST DAY OF DECEMBER 2019 / 10TH POUSHA, 1941 WP(C).No.35856 OF 2019(F) PETITIONER/S: 1 JINCY AJI, AGED 42 YEARS W/O. AJI, MEMBER WARD NO.13, KIZHAKKAMBALAM GRAMAPANCHAYATH, MUTTAMTHOTTIL, KIZHAKKAMBALAM P.O.,
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
TUESDAY, THE 31ST DAY OF DECEMBER 2019 / 10TH POUSHA, 1941
WP(C).No.35856 OF 2019(F)
PETITIONER/S:
1JINCY AJI, AGED 42 YEARSW/O. AJI, MEMBER WARD NO.13, KIZHAKKAMBALAM GRAMAPANCHAYATH, MUTTAMTHOTTIL, KIZHAKKAMBALAM P.O., ERNAKULAM
2VALSA.M.V., AGED 45 YEARS, W/O. KURIAN, MEMBER WARD NO.9, KIZHAKKAMBALAM GRAMA PANCHAYATH, THURUTHUMMEL, NJARALOOR, KIZHAKKAMBALAM P.O., ERNAKULAMMEMBER WARD NO.9, KIZHAKKAMBALAM GRAMA PANCHAYATH, THURUTHUMMEL, NJARALOOR, KIZHAKKAMBALAM P.O., ERNAKULAM
3VINOD.K.P., AGED 45 YEARS, S/O.APPUKUTTAN,MEMBER WARD NO.4, KIZHAKKAMBALAM GRAMA PANCHAYATH, KUNNATHUMARIYIL , VINLANGU. P.O., ERNAKULAMMEMBER WARD NO.4, KIZHAKKAMBALAM GRAMA PANCHAYATH, KUNNATHUMARIYIL , VINLANGU. P.O., ERNAKULAM
MEMBER WARD NO.4, KIZHAKKAMBALAM GRAMA PANCHAYATH, 4CHINNAMMA POULOSE, AGED 46 YEARS, W/O.POULOSE, MEMBER WARD NO.3, KIZHAKKAMBALAM GRAMA PANCHAYATH, MUTTUVANCHERY, MURIVILANGU, VILANGU.P.O., ERNAKULAMMEMBER WARD NO.3, KIZHAKKAMBALAM GRAMA PANCHAYATH, MUTTUVANCHERY, MURIVILANGU, VILANGU.P.O., ERNAKULAM
5RADHAMANI DHARANEENDRAN, AGED 47 YEARSW/O. DHARANEEDRAN, MEMBER WARD NO.16, KIZHAKKAMBALAM GRAMA PANCHAYATH, VILLINATHU, KIZHAKKAMBALAM P.O., ERNAKULAMW/O. DHARANEEDRAN, MEMBER WARD NO.16, KIZHAKKAMBALAM GRAMA PANCHAYATH, VILLINATHU, KIZHAKKAMBALAM P.O., ERNAKULAM
6PRASEELA ELDHO, AGED 40 YEARS, W/O. ELDHO,MEMBER WARD NO.10, KIZHAKKAMBALAM GRAMA PANCHAYATH, ARAKKAKUDY,, KIZHAKKAMBALAM P.O., ERNAKULAMMEMBER WARD NO.10, KIZHAKKAMBALAM GRAMA PANCHAYATH, ARAKKAKUDY,, KIZHAKKAMBALAM P.O., ERNAKULAM
MEMBER WARD NO.10, KIZHAKKAMBALAM GRAMA PANCHAYATH, 7THISHIYOLA VARGHESE, AGED 40 YEARS, W/O. TIJO,MEMBER WARD NO.12, KIZHAKKAMBALAM GRAMA PANCHAYATH, MADEKKAL, POYYAKKUNNAM, KIZHAKKAMBALAM P.O., ERNAKULAM
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MEMBER WARD NO.12, KIZHAKKAMBALAM GRAMA PANCHAYATH, 8MINI RATHEESH, AGED 36 YEARS, W/O. RATHEESH, MEMBER WARD NO.1, KIZHAKKAMBALAM GRAMA PANCHAYATH, CHERIKUZHIYIL, AMBUNAD, MALAYIDOMTHURUTH. P.O., ERNAKULAM
MEMBER WARD NO.1, KIZHAKKAMBALAM GRAMA PANCHAYATH, 9JINCY BIJU, AGED 38 YEARS, W/O. BIJU, MEMBER WARD NO.2, KIZHAKKAMBALAM GRAMA PANCHAYATH,KAKKADAN, MALAYIDOMTHURUTH. P.O., ERNAKULAMNO.2, KIZHAKKAMBALAM GRAMA PANCHAYATH,KAKKADAN, MALAYIDOMTHURUTH. P.O., ERNAKULAM
10HAFIZ HYDERALI, AGED 34 YEARS, S/O.HYDERALI, MEMBER WARD NO.7, KIZHAKKAMBALAM GRAMA PANCHAYATH, KOTTALIKUDY, KUMMANOD, PATTIMATTOM. P.O., ERNAKULAMMEMBER WARD NO.7, KIZHAKKAMBALAM GRAMA PANCHAYATH, KOTTALIKUDY, KUMMANOD, PATTIMATTOM. P.O., ERNAKULAM
11SHIBU PAUL, AGED 52 YEARS, S/O.PAUL, MEMBER WARD NO.8, KIZHAKKAMBALAM GRAMA PANCHAYATH, KANIYAMKUDY,CHOORAKKAD, PATTIMATTOM. P.O., ERNAKULAMNO.8, KIZHAKKAMBALAM GRAMA PANCHAYATH, KANIYAMKUDY,CHOORAKKAD, PATTIMATTOM. P.O., ERNAKULAM
12SURESH.M.P., AGED 49 YEARS, S/O. PRABHAKARAN, MEMBER WARD NO.17, KIZHAKKAMBALAM GRAMA PANCHAYATH,MURINGANAD, OORAKKAD KARA, EDATHALA.P.O., ERNAKULAMMEMBER WARD NO.17, KIZHAKKAMBALAM GRAMA PANCHAYATH,MURINGANAD, OORAKKAD KARA, EDATHALA.P.O., ERNAKULAM
13SEENA REJI, AGED 43 YEARS, W/O.REJI, MEMBER WARD NO.13, KIZHAKKAMBALAM GRAMA PANCHAYATH, NEETUMKARA,OORAKKAD, KIZHAKKAMBALAM.P.O., ERNAKULAMNO.13, KIZHAKKAMBALAM GRAMA PANCHAYATH, NEETUMKARA,OORAKKAD, KIZHAKKAMBALAM.P.O., ERNAKULAM
14DEEPA PAUL, AGED 40 YEARS, W/O.PAUL, MEMBER WARD NO.14, KIZHAKKAMBALAM GRAMA PANCHAYATH, MAZHUVANCHERY, THAMARACHAL,KIZHAKKAMBALAM. P.O., ERNAKULAMNO.14, KIZHAKKAMBALAM GRAMA PANCHAYATH, MAZHUVANCHERY, THAMARACHAL,KIZHAKKAMBALAM. P.O., ERNAKULAM
BY ADVS.SRI.BLAZE K.JOSESMT.NIVEA LIZ PETER FERNANDEZ
RESPONDENT/S:
1DISTRICT POLICE CHIEF,ERNAKULAM RURAL, ALUVA-683 101ERNAKULAM RURAL, ALUVA-683 101
2STATION HOUSE OFFICER, KUNNATHUNADU POLICE STATION, ERNAKULAM DISTRICT-683 562STATION, ERNAKULAM DISTRICT-683 562
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3KERALA STATE ELECTION COMMISSION,CORPORATION OFFICE COMPLEX, LMS JUNCTION, PALAYAM, THIRUVANANTHAPURAM-695 033, REPRESENTED BY ITS SECRETARYCORPORATION OFFICE COMPLEX, LMS JUNCTION, PALAYAM, THIRUVANANTHAPURAM-695 033, REPRESENTED BY ITS SECRETARY
4BLOCK PANCHAYATH SECRETARY,VAZHAKKULAM BLOCK PANCHAYATH, SOUTH VAZHAKKULAM P.O., ALUVA, ERNAKULAM-683 015VAZHAKKULAM BLOCK PANCHAYATH, SOUTH VAZHAKKULAM P.O., ALUVA, ERNAKULAM-683 015
5THE DISTRICT COLLECTOR, ERNAKULAM, COLLECTORATE, KAKKANAD, ERNAKULAMKAKKANAD, ERNAKULAM
6K.V.JACOB, AGED 49 YEARS, S/O. VARGHESE, PRESIDENT, KIZHAKKAMBALAM GRAMA PANCHAYAT, KIZHAKKAMBALAM P.O., ERNAKULAM-683 562PRESIDENT, KIZHAKKAMBALAM GRAMA PANCHAYAT, KIZHAKKAMBALAM P.O., ERNAKULAM-683 562
7LALU VARGHESE, W/O VARGHESE, KAKKADAN HOUSE, VILANGU P.O., ERNAKULAM-683 562VILANGU P.O., ERNAKULAM-683 562
8GEORGE, S/O. VARGHESE, MUTTAMTHOTTIL HOUSE, PAZHANANGAD, KIZHAKKAMBALAM P.O., ERNAKULAM-683 562PAZHANANGAD, KIZHAKKAMBALAM P.O., ERNAKULAM-683 562
9ANOOP P.H., PIRAMBILLYKUDY, CHELAKKULAM, VENGOLA P.O., ERNAKULAMP.O., ERNAKULAM
10ABDUL RAHIMAN .P.M., PARAKKUNATHU HOUSE, CHELAKKULAM,VENGOLA P.O, ERNAKULAM-683 556CHELAKKULAM,VENGOLA P.O, ERNAKULAM-683 556
11M.P.RAJAN, MEKKAMKUNNEL HOUSE, VILANGU P.O.,KIZHAKKAMBALAM, ERNKULAM-683 562P.O.,KIZHAKKAMBALAM, ERNKULAM-683 562
12ALIAS KARIPRA, KARIPRA HOUSE, POYYAKKUNNAM, KIZHAKKAMBALAM, ERNAKULAM-683 562KIZHAKKAMBALAM, ERNAKULAM-683 562
13BABU SYEDALI, S/O. SYEDALI, THELIAN HOUSE, CHOORAKODE P.O.,ERNAKULAM-683 562CHOORAKODE P.O.,ERNAKULAM-683 562
R3 BY SRI.MURALI PURUSHOTHAMAN, SC,K.S.E.COMMSRI. BIMAL K NATH, SR. GPSRI. BIMAL K NATH, SR. GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON31.12.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
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Petitioners are the elected members ofthe Kizhakkambalam Grama Panchayath. They havepleaded in the Writ Petition that as the 6[th]respondent, the President of the Panchayat, hasturned hostile to the interest of thePanchayat, the petitioners propose to initiatea no confidence motion, for which they havegiven Ext.P1 notice. But, they apprehend dangerto their lives at the hands of respondents 6 to13.
2. Even though notice was served on therespondents 6 to 13 by special messenger, thereis no appearance/representation for them.
3. The learned Government Pleader for
respondents 1 and 2, on instructions, submitsthat as on today, there is no law and ordersituation in the area, as alleged in the WritPetition.
4. The learned Standing Counsel for the
3[rd] respondent has filed a statement, dated27.12.2019, wherein it is categorically statedthat a law and order situation cannot be ruled out in the locality, and that the KeralaPanchayat Raj Act mandates the meeting convenedfor the purpose of considering the motion of noconfidence shall not be adjourned, and that theState Election Commission has requested the 2[nd]respondent-CircleInspectorofPolice,Pattimattom, to afford police protection forthe conduct of consideration of no confidencemotion on 03.01.2020.
5. After having gone through the
averments in the writ petition and thedocuments produced and the statement filed bythe 3[rd] respondent, and also after hearing thecounsel for the parties and the learnedGovernment Pleader, I am convinced that thepetitioners have made out a case thatrespondents 6 to 13 and their men may cause hindrance/obstruction for the conduct of NoConfidence Motion scheduled to be held on03.01.2020 by respondents 3 and 4 in theKizhakkambalam Grama Panchayath Office, andcircumstances warrant the issuance of an orderof police protection, particularly consideringthe fact that the petitioners are statutoryfunctionaries and further that the 3[rd]
respondent, also a statutory authority,anticipates a law and order situation whiledischarging a mandatory statutory function.
6. In light of the above facts and
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observations, in exercise of the powers of thisCourt under Article 226 of the Constitution ofIndia, I direct the 2[nd] respondent to renderadequate Police protection to the lives ofpetitioners and oversee that the No ConfidenceMotion proposed to be held on 03.01.2020 at the Kizhakkambalam Grama Panchayath Office isconducted smoothly. The Police shall also provide adequate protection to the petitionersfor being transported from one location to thePanchayat Office and dropped back at the samelocation.ThisWritPetitionisorderedaccordingly.
RR
Sd/-C.S.DIASJUDGE
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1A TRUE COPY OF THE WRITTEN NOTICE DATED 18.12.2019 U/S. 157 (2) OF THE KERALA PANCHAYATH RAJ ACT SUBMITTED TO THE 4TH RESPONDENT18.12.2019 U/S. 157 (2) OF THE KERALA PANCHAYATH RAJ ACT SUBMITTED TO THE 4TH RESPONDENT
EXHIBIT P2A TRUE COPY OF THE PROPOSED NO CONFIDENCE MOTIONMOTIONEXHIBIT P3A TRUE COPY OF THE NOTICE DATED 21.12.2019 ISSUED BY THE 4TH RESPONDENT U/S. 157(3) AND(4) OF THE KERALA PANCHAYAT RAJ ACTISSUED BY THE 4TH RESPONDENT U/S. 157(3) AND(4) OF THE KERALA PANCHAYAT RAJ ACTEXHIBIT P4TA TRUE COPY OF THE JUDGMENT IN WPC NO.3370 OD 2018 -U OF THE HON'BLE HIGH COURT DATED 11.6.2018OD 2018 -U OF THE HON'BLE HIGH COURT DATED 11.6.2018EXHIBIT P5A TRUE COPY OF THE REPRESENTATION SUBMITTED TO THE 1ST RESPONDENT DATED 24.12.2019TO THE 1ST RESPONDENT DATED 24.12.2019EXHIBIT P6A TRUE COPY OF THE REPRESENTATION SUBMITTED TO THE 2ND RESPONDENT DATED 24.12.2019TO THE 2ND RESPONDENT DATED 24.12.2019EXHIBIT P7A TRUE COPY OF THE REPRESENTATION SUBMITTED TO THE 3RD RESPONDENT DATED 24.12.2019TO THE 3RD RESPONDENT DATED 24.12.2019EXHIBIT P8A TRUE COPY OF THE REPRESENTATION SUBMITTED TO THE 4TH RESPONDENT DATED 24.12.2019TO THE 4TH RESPONDENT DATED 24.12.2019EXHIBIT P9A TRUE COPY OF THE REPRESENTATION SUBMITTED TO THE 5TH RESPONDENT DATED 24.12.2019TO THE 5TH RESPONDENT DATED 24.12.2019
RESPONDENTS' EXTS:
ANNEXURE R3(A)
THE PHOTOCOPY OF THE LETTER NO.A-1630/2019 DATED 21.12.2019 OF THE 4TH RESPONDENT TO THE 2ND RESPONDENT AND OTHERS
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