LAWS(KER)-2010-7-69

SREEKALA Vs. STATE OF KERALA

Decided On July 22, 2010
SREEKALA Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) These writ petitions concern the challenge against the notifications whereby certain Panchayats have been added to Thiruvananthapuram and Kozhikode Corporations; the addition of certain Panchayats to the existing Municipalities and challenge against the conversion of a Panchayat as a Municipality itself. Since common questions arise for consideration, they are disposed of by a common judgment.

(2.) First I will deal with the challenge against the addition of certain Panchayats to two existing Corporations, viz., Thiruvananthapuram and Kozhikode. These writ petitions are: W.P. (C) Nos. 18019/2010, 18167/2010, 18543/2010, 18931/2010, 19508/2010 and 20079/2010. The notifications putting forth the proposal, order rejecting the objections and the subsequent final notifications are common in respect of all these Panchayats.

(3.) The narration of the facts as stated in W.P. (C) Nos. 18019/2010 show the following: By Ext.P-1 dated 9-12-2009 published in the Gazette, the Government proposed to add Sreekaryam, Vattiyoorkavu, Kudappanakunnu, Kazhakkoottam and Vizhinjam Grama Panchayats to Thiruvananthapuram Corporation and Elathur, Cheruvannur-Nallalam and Bepur Grama Panchayats to Kozhikode Corporation. Objections/suggestions were invited from individuals, Village Panchayats and Municipal Corporations in the matter. By Ext.P-5 order No. 102/10/LA dated 22-5-2010 these objections were considered and it was decided to implement the proposal and to issue appropriate notification, to be effective from 1-10-2010. The Petitioners are residents within Sreekaryam Grama Panchayat and the first Petitioner had filed an objection to the proposal. The Petitioner in W.P. (C) No. 18931/2010 challenges the addition of Kazhakottam Grama Panchayat to Thiruvananthapuram Corporation and the Petitioners in W.P. (C) No. 20079/2010 challenge the addition of Vizhinjam Grama Panchayat to the Thiruvananthapuram Corporation. The notification and the orders are the same. In W.P. (C) No. 18167/2010 the challenge is against the addition of Elathur, Cheruvannur-Nallalam and Bepur Grama Panchayats to Kozhikode Corporation, in W.P. (C) No. 18543/2010 the challenge is against the addition of Cheruvannur-Nallalam Grama Panchayat to Kozhikode Corporation and in W.P. (C) No. 19508/2010 the Petitioner challenges the addition of Bepur Grama Panchayat to Kozhikode Corporation. The exhibits are referred to hereinafter with reference to W.P. (C) No. 18019/2010.