K. SAINUDHEEN Vs. STATE OF KERALA AND ORS.

JUDGEMENT

(1.) The petitioner, who is a member of Ward No. 1 of Vettom Grama Panchayat, has filed this writ petition challenging the decision taken by the Kerala State Civil Supplies Corporation to open a Maveli Store at Alissery within the local limits of the said Panchayat.

(2.) The main contention raised in the writ petition is that the members of the Grama Panchayat that met on 29 -1 -2010 have by a majority of 12 votes against 7 decided to have the Maveli Store established at Paravanna and that in view of the said decision the Kerala State Civil Supplies Corporation is bound to establish the Maveli Store in that place. It is on this ground that the petitioner, a Ward Member of the Panchayat, seeks the intervention of this Court to ensure that the Maveli Store is established in Paravanna.

(3.) The Apex Court has in J.R. Raghupathy v/s. State of Andhra Pradesh : AIR 1988 SC 1681, while dealing with the jurisdiction of the High Court under Article 226 of the Constitution of India to sit in appeal over the decision of the State Government to locate the Mandal Headquarters at a particular place held as follows: