The court concluded that the petitioner failed to demonstrate the unconstitutionality of the provisions in question, affirming the earlier ruling.

Headnote:
Unconstitutionality - Writ Petition - Kerala Panchayath Raj Act 1994 - Sections 207(1)(b), 207(1)(ba) - The court interpreted the legality of specified sections of the Act under Articles 14 and 19(1)(g) of the Constitution, leading to dismissal based on precedent.
Fact of the Case:

A writ petition was filed challenging the constitutionality of specific sections of the Kerala Panchayath Raj Act, claiming they violated constitutional rights.
Finding of the Court:

The court found that the issues raised were already decided against the petitioner in a previous judgment, thus no further orders were required.
Issues: The primary issue was whether Sections 207(1)(b) and 207(1)(ba) of the Kerala Panchayath Raj Act were unconstitutional.
Ratio Decidendi: The court relied on an existing precedent which upheld the validity of the challenged sections, thereby finding no merit in the petitioner's arguments.
Final Decision: The writ petition was dismissed.

JUDGEMENT

The above writ petition is filed with following prayers :

“i) A declaration that Sections 207 (1) (b) and 207 (1) (ba) of the Kerala Panchayath Raj Act, 1994 is unconstitutional in as such as the same is violative of Articles 14 and 19 (1) (g) of the Constitution of India.

ii) Writ of certiorari or any other appropriate writ, order or direction quashing Exhibit-P2 demand notices issued by the respondent Panchayath iii) Issue any other appropriate writ, order or direction as this Hon'ble Court may deem fit on the facts and in the circumstances of the case and allow this petition with all costs.”

2. When this writ petition came up for consideration, the learned counsel appearing for the 2nd respondent – Panchayat submitted that the point raised in this writ petition is covered against the petitioner in Manager, Vimal Jyothi WP(C) NO. 12722 OF 2015 Engineering College and others v. State of Kerala and others [2019 (5) KHC 641] . In the light of the above judgment, no further order is necessary.

Therefore, this writ petition is dismissed.

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2024 Supreme(Online)(KER) 23334

HIGH COURT OF KERALAP.V. KUNHIKRISHNAN, JMET'S SCHOOL OF ENGINEERING KURUVILASSERY MALA REP. BY ITS CHAIRMAN – AppellantVersusSTATE OF KERALA – RespondentWP(C) 12722/2015

The court concluded that the petitioner failed to demonstrate the unconstitutionality of the provisions in question, affirming the earlier ruling.

Cases Referred (1)

HIGH COURT OF KERALA
P.V. KUNHIKRISHNAN, J
MET'S SCHOOL OF ENGINEERING KURUVILASSERY MALA REP. BY ITS CHAIRMAN – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) 12722/2015