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2018 Supreme(Online)(Ker) 73897

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MARGERET ABRAHAM – Appellant
Versus
EXECUTIVE DIRECTOR KUDUMBASHREE STATE MISSION – Respondent
WP(C) 415/2018



IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN &

THE HONOURABLE MR. JUSTICE ASHOK MENON FRIDAY, THE 2ND DAY OF MARCH 2018 / 11TH PHALGUNA, 1939 WP(C).No. 415 of 2018 PETITIONER:

MARGERET ABRAHAM W/O. ABRAHAM, AGED 47 YEARS, KOIKKARA HOUSE, KIZHAKKAMBALAM P.O., KIZHAKKAMBALAM AND CHAIRPERSON, COMMUNITY DEVELOPMENT SOCIETY (CDS), KIZHAKKAMBALAM GRAMA PANCHAYAT, KIZHAKKAMBALAM GRAMA PANCHAYAT OFFICE BUILDING, KIZHAKKAMABALAM - 683 562.

BY ADV.SRI.P.SATHISAN RESPONDENTS:

1. EXECUTIVE DIRECTOR, KUDUMBASHREE STATE MISSION

2ND FLOOR, TRIDA, REHABILITATION BUILDING, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM - 695 011.

2. DISTRICT COLLECTOR, ERNAKULAM CIVIL STATION, KAKKANAD - 680 030.

3. DISTRICT MISSION COORDINATOR KUDUMBASREE DISTRICT MISSION, CIVIL STATION, KAKKANAD - 680 030.

4. MEMBER SECRETARY COMMUNITY DEVELOPMENT SOCIETY (CDS), KIZHAKKAMABALAM GRAMA PANCHAYAT - 683 562.

5. DISTRICT RETURNING OFFICER (ELECTION)

KAKKANAD, ERNAKULAM.

6. RETURNING OFFICER, KUDUMBASREE CDS, KIZHAKKAMBALAM GRAMA PANACHAYATH- 683 562 AND JOINT BDO, VAZHAKKULAM BLOCK.

BY SENIOR GOVERNMENT PLEADER SRI.P.P. THAJUDDIN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02-03-2018,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 415 of 2018 (B)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 - COPY OF THE BYE LAW OF THE KUDUMBASHREE MISSION.

EXHIBIT P2 - COPY OF THE AFFILIATION APPLICATION.

EXHIBIT P3 - COPY OF THE JUDGMENT IN W.P.(C).NO.33430 OF 2017 DATED 21.12.2017 EXHIBIT P4 - COPY OF THE STATEMENT FILED BY THE 3RD RESPONDENT.

EXHIBIT P5 - COPY OF APPLICATION FILED BY THE PETITIONER DATED 26.12.2017.

EXHIBIT P6 - COPY OF THE REPLY LETTER OF 3RD RESPONDENT DATED 27.12.2017.

EXHIBIT P7 - COPY OF REPLY GIVEN BY 3D RESPONDENT DATED 30.12.2017.

EXHIBIT P8 - COPY OF REMINDER DATED 01.01.2018 SUBMITTED BY THE PETITIONER.

EXHIBIT P9 - COPY OF THE NOTICE OF TWENTY-20 ASSOCIATION.

EXHIBIT P10 - COPY OF THE REPRESENTATION OF 4TH RESPONDENT DATED 19.12.2017.

EXHIBIT P11 - COPY OF COMPLAINT GIVEN BY CDS COMMITTEE BEFORE 5TH RESPONDENT DATED 28.12.2017.

EXHIBIT P12 - COPY OF COMPLAINT SUBMITTED BEFORE THE 1ST RESPONDENT DATED 26.12.2017.

EXHIBIT P12 (A)- COPY OF COMPLAINT SUBMITTED BEFORE THE 2ND RESPONDENT DATED 26.12.2017.

EXHIBIT P13 - COPY OF THE COMPLAINT SUBMITTED BEFORE THE 3RD RESPONDENT DATED 26.12.2017.

EXHIBIT P14 - COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER DATED 28.12.2017.

RESPONDENTS' EXHIBITS:- NIL //TRUE COPY// P.A. TO JUDGE sp K. VINOD CHANDRAN & ASHOK MENON, JJ.

---------------------------------------------

W.P(C). Nos.415 [B], 477[H] & 541[P] of 2018 ---------------------------------------------

Dated this the 2nd day of March, 2018

JUDGMENT

K. Vinod Chandran, J.

These petitions were filed for police protection for conducting smooth elections to the Kudumbasree Unit within the Kizhakkambalam Grama Panchayat. We issued interim orders and the elections have been peacefully conducted and the Office bearers placed in Office. Hence the writ petitions are infructuous.

WP(C) No.415 of 2015 is filed by the CDS Chairperson of the CDS, Kizhakkambalam Gramapanchayat against the illegalities perpetrated in the election. Obviously the petitioner is now W.P(C). Nos.415 [B], 477[H]

&

541[P] of 2018 2 the former Chairperson because she failed to got elected. We can perfectly understand the anguish of a defeated candidate, but the only claim now is that Ext.P12 may be considered. Ext.P12 is said to be a representation against the alleged illegalities in the election. We are not looking at any of these on merits. The District Collector, if has authority, could very-well look into the same.

The above writ petitions are dismissed. No costs.

Sd/-

K. VINOD CHANDRAN, JUDGE.

Sd/-

ASHOK MENON, JUDGE.

sp/06/03/18 //True Copy//

P.A. To Judge

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