IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.V. RAMAKRISHNA PILLAI, J.
SAIFUDEEN K. & ORS. - PETITIONERS
Vs.
THE STATE OF KERALA & ORS. - RESPONDENTS
WPC Nos. 15524/2015, 15435/2015, 15732/2015, 15792/2015, 14985/2015, 16357/2015, 14755/2015, 14121/2015, 17248/2015, 16221/2015, 13978/2015, 14748/2015, 16386/2015, 16898/2015, 15842/2015, 14866/2015, 14145/2015, 14301/2015, 18628/2015, 15670/2015, 15887/2015, 15463/2015, 16633/2015, 15702/2015, 14171/2015, 15436/2015, 15651/2015, 15694/2015, 14807/2015, 14825/2015, 14900/2015, 15371, 15716, 16620/2015, 15717/2015, 15782/2015, 15194/2015, 15331/2015, 16798/2015, 15893/2015, 16026/2015, 16030/2015, 14840/2015, 15225/2015, 15888/2015, 16410/2015 and 15559/2015
Decided on : 19-08-2015
Kerala Panchayat Raj Act, 1994 - Sections 4(1) and 4(2) - Constitution of India - Article 243(g) - Legislation - Panchayat - Village/Part of village - Increase of reduction in the area of village - Notification conferring the status of village over the area in respect of which the Panchayat has to be formed - Held, Article 243(g) of the Constitution is mandatory for the formation of a village for the purpose of Part IX of the Constitution. Without such declaration, no village comes into existence. Therefore, without a prior notification conferring the status of village over the area in respect of which the Panchayat has to be formed, no village Panchayat can be constituted - Under Section 4(2), the increase in area of the existing village Panchayat or the reduction in area of the existing village Panchayat can be only by addition of or exclusion of any village or group of villages.
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 on the basis of Districts. Thereafter they are sub divided on the basis of the Panchayats.
I (Thiruvananthapuram District)
a) WPC No.15524/2015
The petitioners in this case are residents of Palavacode ward and Edamonnila ward of Navaikulam Grama Panchayat in Thiruvananthapuram District. They are challenging Ext.P11 notification (G.O.P.No. 140/15/LSGD dated 25.4.2015) by which a new Grama Panchayat as Kudavoor Grama Panchayat was formed bifurcating existing Navaikulam Grama Panchayat. According to them, the said decision is arbitrary and illegal.
II (Kollam District)
a) WPC Nos.15435/2015, 15732/2015, 15792/2015
In these writ petitions, the petitioners are challenging the formation of Puthoor Grama Panchayat taking certain wards of Kulakkada Grama Panchayat as well as Neduvathoor Grama Panchayat in Kollam District.
The petitioner in WPC No.15435/2015 is a resident of Puthoor and the Chairman of a registered Charitable Trust. He is aggrieved by Ext.P6 notification (G.O.(P). No.140/15/LSGD dated 25.4.2015) by which Puthoor Grama Panchayat is formed taking the Manakkarakavu and Pandara in Karuvayam Ward without including other portions of Karuvayam ward which is situated one km. away from Puthoor Town. He also alleges that though Puthoor is the Headquarters, the respondents have decided to constitute Pangode as the Headquarters. According to the petitioner, the decision is arbitrary.
WPC No.15732/2015 is filed by the Kulakkada Grama Panchayat and its President. They are challenging the same notification (G.O.(P).No.140/15/LSGD dated 25.4.2015). According to them, Attuvassery (Ward No.19), Puthoor (Ward No.18), Attuvassery East (No.16) and Mylomkulam (No.17 are included in the Puthoor Grama Panchayat. According to them, the Government made a bifurcation not on the geographical ground, but at the influence of the ruling political party members. It is alleged that the objection submitted by the petitioner Panchayat has not been considered in the matter.
WPC No.15792/2015 challenging the same notification is filed by the member of Ward No.19 of the Kulakkada Grama Panchayat. He is aggrieved by the inclusion of Ward No.19 in Puthoor Grama Panchayat. He also alleges that the process was without any consultation and application of mind and ignoring geographical boundaries between Ward No.19 and Ward Nos.17 and 18.
b) WPC No.14985/2015
The challenge in this writ petition filed by two ward members and two local residents as well as the members of an action council is against the formation of Punnala Grama Panchayat taking portions of Piravanthur, Thenmala and Aryankavu Panchayats. They are challenging Ext.P9 notification (G.O.(P).No.140/15/LSGD dated 25.4.2015) on the ground that the formation of the new Panchayat is purely on political considerations.
c) WPC No.16357/2015
The
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