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2015 Supreme(Ker) 905

A.V.RAMAKRISHNA PILLAI
SAIFUDEEN K. – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
Advocate Appeared:
SRI. K. SIJU, SRI. S. ABHILASH, SMT. S. SEETHA, SMT. NIMA JACOB
ADVOCATE GENERAL SRI. K.P. DANDAPANI, SPL.GOVT PLEADER SRI.TOM K. THOMAS, GOVT PLEADER SRI.BOBBY JOHN PULICKAPARAMBIL, SRI. BIJU BALAKRISHNAN, SRI. MURALI PURUSHOTHAMAN, SC, K.S.E. COMM

Judgment

Under challenge in these writ petitions are G.O.(P) Nos.140/15/LSGD and 141/15/LSGD dated 25.4.2015 by which the State Government constituted new Panchayats in different districts in the State carving out certain portions of the existing Panchayats. The process of formation of new Panchayats has been effected through different modes, viz. by bifurcating certain existing Panchayats or including portions of two or more existing Panchayats. In certain cases portions of wards of existing Panchayats are added to the newly formed Panchayats.

2. The main challenge in these writ petitions is that the formation of all these Panchayats were made taking certain portions of the existing villages without notifying those portions as a new village as envisaged under Article 243(g) of the Constitution of India. There are also incidental challenges like want of proper consultation, non-consideration of objections, inconvenience caused to the public for geographical and financial reasons. Before going into the legal aspects of the issue involved, it is worthwhile to have a glance at the factual situation in each case.

3. For the convenience of the discussion, these writ petitions are grouped o







































































































































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