High Court Kerala High Court

Deepu Ramakanthan vs Soman Nair on 15 January, 2007

Kerala High Court
Deepu Ramakanthan vs Soman Nair on 15 January, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 1668 of 2007(W)


1. DEEPU RAMAKANTHAN, THADATHARIKATHU
                      ...  Petitioner

                        Vs



1. SOMAN NAIR, S/O.MADHAVAN PILLAI,
                       ...       Respondent

                For Petitioner  :SRI.P.SASIDHARAN NAIR(CHERUNNIYOOR)

                For Respondent  : No Appearance

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :15/01/2007

 O R D E R
                         M.SASIDHARAN NAMBIAR,J.

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

                          W.P.(C)NO.1668 OF 2007

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

             DATED THIS THE 15th DAY OF JANUARY, 2007


                                     JUDGMENT

petitioner is respondent in Election O.P.3/05. He had filed a

recrimination petition as provided under Section 99 of Kerala

Panchayat Raj Act. Petitioner is challenging Ext.P6 order passed by

Munsiff in I.A.1360/07. I.A.1360/07 was filed to call for the records

produced by returning officer in O.P.(Election) 14/05. Learned Munsiff

dismissed the application.

2. Argument of learned Counsel appearing for petitioner was

that petitioner had earlier filed an application and summoned the

District Election Officer and all the documents were not produced by

him and the documents were produced in O.P.(Election)14/05 pending

before Second Additional Munsiff Court, Nedumangad and those

documents are necessary for proving the case set up by petitioner in

the recrimination petition and therefore Ext.P6 order is to be quashed

and those documents are to be called for.

3. On going through Ext.P5 application and Ext.P6 order, I do

not find any illegality or irregularity or any other infirmity warranting

interference in exercise of the extraordinary jurisdiction of this Court

W.P.(c)1668/07 2

under Article 227 of Constitution of India in Ext.P6 order. What was

sought for under Ext.P5 is to call for the entire records produced by

returning officer of Aryanadu Grama Panchayat in O.P.(Election)

14/05. Petitioner did not specify, which are the relevant documents

necessary for proving his case . In such circumstances, the

dismissal is perfectly correct.

Petition is dismissed.





                                          M.SASIDHARAN NAMBIAR,JUDGE




Acd


W.P.(c)1668/07    3