SUNDARAN MASTER Vs. STATE OF KERALA AND ORS.

JUDGEMENT

(1.) Under challenge in these writ petitions are GO (P) Nos. 151, 152 and 153/2015 / LSGD. dated 30/04/2015 by which three grama panchayats were upgraded to municipality and one grama panchayat was annexed to the newly constituted municipality.

(2.) WP (C) No. 15137 of 2015, 15521 of 2015 and 16490 of 2015 are against the upgradation of Mukkom, Koduvally and Mananthawady grama panchayats respectively as Mukkom Municipality, Koduvally Municipality and Mananthawady Municipality. WP (C) No. 16935 of 2015 is against the merging of Payyampally Grama Panchayat to newly constituted Mananthawady Municipality.

(3.) The case projected by the petitioners in these writ petitions is that Art.243Q(2) of the Constitution defines a smaller urban area as such area as the Governor may having regard to the population of the area, density of the population, the revenue generated in local administration, the percentage of employment in non - agricultural activities, the economic importance or such other factors that may deem fit specified by public notification for the purpose of that part. Therefore, according to them, unless there is a public notification by the Governor declaring an area as a smaller urban area considering the conditions mentioned in Art.243Q(2), there cannot be any constitution of a municipal council for a smaller urban area.