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2005 Supreme(Ker) 484

THOTTATHIL B.RADHAKRISHNAN
K. P. Raveendran – Appellant
Versus
State of Kerala, Represented by the Secretary to Government – Respondent


Judgment :-

1. Can a rural area, after its transit to be an urban area, thereby becoming a "smaller urban area" or a "larger urban area" in terms of Article 243Q of the Constitution of India, be re-transited to be a rural area? If so, can it be done under an exercise for the purpose of the provisions of Part IXA of the Constitution? Is the impugned "de-linking" of certain urban areas from the municipalities, for being treated as rural areas, unconstitutional? If such action is permissible in terms of the Constitution, could it be subjected to control by judicial review? If so, is the impugned action vitiated by illegality, irrationality or procedural impropriety, the three well-recognized grounds? Broadly, these are the issues that arise for decision in these writ petitions. Section 4(2)(b) of the Kerala Municipality Act, 1994, hereinafter, the "Municipality Act", for short, is also challenged in WP.(C).No.16997 of 2005 as unconstitutional.

Relevant common facts:

2. As per SRO No.468/97 and SRO No.469/94, respectively, the Governor notified the "villages" and the "intermediate levels", for the purpose of Part IX of the Constitution, in exercise of the powers, in that regard, conferre
































































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