M MUHAMMED BASHEER Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) THIS Writ Petition is filed by the petitioner challenging the exclusion of Padinjarethara Grama Panchayat from Kalpetta Block Panchayat. As part of reorganisation of Block Panchayats, the Government published Exhibit P1 notification dated 5.6.2010. So far as the Wayanad District is concerned, Mananthavady, Sulthan Bathery, and Kalpetta were the three existing Block Panchayats and Padinjarethara Grama Panchayat was included in Kalpetta from 1994 onwards. The proposal in Exhibit P1 is to form a new Block Panchayat by name Meenangadi including Panamaram, Kaniyampatta, Kottathara, Muttil, Meenangadi and Poothadi Grama Panchayats. The Padinjarethara Grama Panchayat was not there in the proposal.

(2.) IT is pointed out that Exhibit P1 was not circulated among the Block Panchayats and therefore none of the Local Self Government Institutions could express their views and members of the public also did not get any opportunity in the mater. The Kalpetta Block Panchayat on coming to know about the proposal passed a resolution dated 30.6.2010 making their suggestions in the matter. Exhibit P3 is the notification issued by the Director of Panchayats with regard to the fixing of the number of Wards in respect of various Block Panchayats wherein item No.133 is Panamaram. In Exhibit P3, one of the Panchayat included in ITem No.133 of Panamaram Block Panchayat is Padinjarethara Grama Panchayat. Exhibit P4 is the notice inviting objections and suggestions of delimitation of Wards in the Block Panchayats. IT is only at that stage people came to know that Padinjarethara Grama Panchayat has been included in Panamaram Block Panchayat. Exhibit P5 is a press report containing the map of the proposed Panamaram Block Panchayat. IT is produced to show that the new Block Panchayat is carved out from three other Block Panchayats. But, as far as Padinjarethara Grama Panchayat is concerned, it is not geographically closer to the new Panamaram Block Panchayat and is lying separately and is divided by a river called Cheriyampuzha.

(3.) APART from the above, the grievances on merits of the matter raised by the petitioner is that the distance between the new Block Panchayat, Panamaram is 35 Kms from various parts of the Padinjarethara Grama Panchayat, whereas the distance between Padinjarethara Grama Panchayat and Kalapetta Block Panchayat is only 13 Kms. It is pointed out that so far as the people of Padinjarethara Grama Panchayat is concerned, they should have been retained in Kalpetta Block Panchayat alone and that will do justice to them, as otherwise in a district like Wayanad, it may not be easy for the people to reach the head office of the Block Panchayat by availing the limited transport facilities. It is pointed out that issuance of BPL certificates, housing projects like Indira Avas Yojana, EMS Housing Scheme, Projects for the welfare of SC and ST communities, Kudumbasree projects are the main welfare activities being carried out by the Block Panchayat apart from the routine duties like secondary eduction and administration of of Taluk Hospitals.