High Court Kerala High Court

K.Sainudheen vs State Of Kerala on 11 August, 2010

Kerala High Court
K.Sainudheen vs State Of Kerala on 11 August, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 25213 of 2010(S)


1. K.SAINUDHEEN, MEMBER WARD NO.1.
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, RPRESENTED BY THE
                       ...       Respondent

2. KERALA STATE CIVIL SUPPLIES CORPORATION,

3. THE COMMISSIONR, KERALA STATE CIVIL

4. THE REGIONAL MANAGER, KERALA STATE

5. THE ASST.MANAGER, SUPPLYCO DEPOT, TIRUR,

6. VETTOM GRAMA PANCHAYATH POST VETTOM,

                For Petitioner  :SRI.C.M.MOHAMMED IQUABAL

                For Respondent  :SMT.MOLLY JACOB,SC,SUPPLYCO

The Hon'ble the Chief Justice MR.J.CHELAMESWAR
The Hon'ble MR. Justice P.N.RAVINDRAN

 Dated :11/08/2010

 O R D E R
            J.CHELAMESWAR, C.J. & P.N.RAVINDRAN, J.
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                      W.P(C).No.25213 of 2010
                 -----------------------------------------
              Dated this the 11th day of August, 2010

                               JUDGMENT

Ravindran,J.

The petitioner, who is a member of Ward No.1 of Vettom Grama

Panchayat, has filed this writ petition challenging the decision taken

by the Kerala State Civil Supplies Corporation to open a Maveli Store

at Alissery within the local limits of the said Panchayat.

2. The main contention raised in the writ petition is that the

members of the Grama Panchayat that met on 29-1-2010 have by a

majority of 12 votes against 7 decided to have the Maveli Store

established at Paravanna and that in view of the said decision the

Kerala State Civil Supplies Corporation is bound to establish the Maveli

Store in that place. It is on this ground that the petitioner, a Ward

Member of the Panchayat, seeks the intervention of this Court to

ensure that the Maveli Store is established in Paravanna.

3. The Apex Court has in J.R.Raghupathy v. State of Andhra

Pradesh, AIR 1988 SC 1681, while dealing with the jurisdiction of the

High Court under Article 226 of the Constitution of India to sit in

appeal over the decision of the State Government to locate the Mandal

Headquarters at a particular place held as follows:-

W.P(C).No.25213 of 2010
-:2:-

“9. It will serve no useful purpose to

delineate the facts in all the cases which follow

more or less on the same lines. We are of the

opinion that the High Court had no jurisdiction

to sit in appeal over the decision of the State

Government to locate the Mandal Headquarters

at a particular place. The decision to locate such

Headquarters at a particular village is dependent

upon various factors. The High Court obviously

could not evaluate for itself the comparative

merits of a particular place as against the other

for location of the Mandal Headquarters. In

some of the cases the High Court declined to

interfere saying that the Government was the

best judge of the situation in the matter of

location of Mandal Headquarters.”

It was held that the High Court could not evaluate for itself the

comparative merits of a particular place as against the other, for

location of the Mandal Headquarters. In the instant case the Kerala

State Civil Supplies Corporation has taken steps to establish a Maveli

Store at Alissery taking note of the request made by the Member of

the Legislative Assembly representing Tirur Assembly Constituency

within which Constituency the Vettom Grama Panchayat is situated.

The majority of the members of the Panchayat want the Maveli Store

to be established at a different locality. It was after taking into

W.P(C).No.25213 of 2010
-:3:-

account the views of the Member of the Legislative Assembly

representing Tirur Assembly Constituency that the Kerala State Civil

Supplies Corporation took the decision to establish a Maveli Store at

Alissery. It is not within the jurisdiction of this Court to substitute its

decision in the place of the decision of the Kerala State Civil Supplies

Corporation and to direct that the Maveli Store be established at the

place suggested by the Panchayat. The petitioner has not pointed

out any right in him to have the Maveli Store established at the place

of his choice. The locality where the Maveli Store is to be established

is a matter for the Kerala State Civil Supplies Corporation to decide.

In such circumstances we are of the considered opinion that the

petitioner is not entitled to the reliefs prayed for. The writ petition

fails and is accordingly dismissed.

J.CHELAMESWAR,
Chief Justice

P.N.RAVINDRAN,
Judge.

ahg.

J.CHELAMESWAR, C.J. &
P.N.RAVINDRAN, J.

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W.P(C).No.25213 of 2010

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JUDGMENT

11th August, 2010