Kerala High Court
Sunil Thenammackal vs State Of Kerala on 11 November, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
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WP(C) NO. 41956 OF 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY,THE 11TH DAY OF NOVEMBER 2025 / 20TH KARTHIKA, 1947
WP(C) NO. 41956 OF 2025
PETITIONER/S:
SUNIL THENAMMACKAL
AGED 52 YEARS
S/O T. M. ISMAIL, RESIDING AT THENAMAKKAL HOUSE,
KANJIRAPPALLY VILLAGE, KANJIRAPPALLY TALUK,
KOTTAYAM DISTRICT, KERALA,, PIN - 689507
BY ADVS.
SHRI.ARUN SAMUEL
SRI.JITHIN BABU A
SHRI.ANOOD JALAL K.J.
SMT.DONA MATHEW
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE SPECIAL SECRETARY TO ITS
GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
KERALA, PIN - 695001
2 STATE ELECTION COMMISSION
REPRESENTED BY ITS SECRETARY, JANAHITHAM, TC-27/6
(2), VIKAS BHAVAN, THIRUVANANTHAPURAM, KERALA,,
PIN - 695033
3 THE PRINCIPAL DIRECTOR
LOCAL SELF GOVERNMENT DEPARTMENT, 5TH FLOOR,
SWARAJ BHAVAN, NANTHENCODE, KOWDIAR,
THIRUVANANTHAPURAM, KERALA,, PIN - 695003
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WP(C) NO. 41956 OF 2025
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4 JOINT DIRECTOR
LOCAL SELF GOVERNMENT DEPARTMENT, CIVIL STATION,
COLLECTORATE P. O., KOTTAYAM DISTRICT, KERALA,
PIN - 686002
5 THE DISTRICT ELECTION OFFICER (DEO)/DISTRICT
COLLECTOR
CIVIL STATION, COLLECTORATE P. O., KOTTAYAM
DISTRICT, KERALA,, PIN - 686002
6 KANJIRAPPALLY GRAMA PANCHAYAT
REPRESENTED BY ITS SECRETARY, OPPOSITE CANARA
BANK, KOLLAM-THENI HIGHWAY, KANJIRAPPALLY,
KOTTAYAM DISTRICT, KERALA,, PIN - 686507
7 THE SECRETARY
KANJIRAPPALLY GRAMA PANCHAYAT, OPPOSITE CANARA
BANK, KOLLAM-THENI HIGHWAY, KANJIRAPPALLY,
KOTTAYAM DISTRICT, KERALA,, PIN - 686507
BY ADVS.
SHRI.DEEPU LAL MOHAN, SC, STATE ELECTION
COMMISSION, KERALA
SHRI.K.S.ARUN KUMAR
OTHER PRESENT:
SPL.GP DEEPA K.R
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 11.11.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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WP(C) NO. 41956 OF 2025
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P.V. KUNHIKRISHNAN, J.
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W.P.(C.).No.41956 of 2025
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Dated this the 11th day of November, 2025
JUDGMENT
This writ petition is filed with following prayers:
i. Issue a writ of certiorari or any other appropriate writ, order or direction setting aside Ext. P2. ii. Declare that the post of President of the 6th respondent Grama Panchayat is not to be reserved for any category in the ensuing election to be conducted by the 2nd respondent.
iii. Issue a writ of Mandamus or any other appropriate writ, order or direction commanding the competent among the respondents to undertake the exercise of allotment of the post of President in the Grama Panchayats of Kottayam District in terms of Ext. P1 by excluding the 6th respondent.
iv. Issue any other appropriate writ, order, or direction, as the petitioner may seek and this Hon'ble Court deems fit, in the facts and circumstances of the case and allow this petition with all costs.
v. Dispense with the filing of the translation of vernacular documents.
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2. The main prayer in this writ petition is against Ext.P2 and for a declaration that the post of President of the 6 th respondent Grama Panchayath is not to be reserved for any category in the ensuing election to be conducted by the 2 nd respondent.
3. Heard the learned counsel for the petitioner and the learned Special Government Pleader. I also heard the learned Standing Counsel for the Election Commission and the learned counsel for respondents 6 and 7.
4. A preliminary objection is raised by the Standing Counsel appearing for the State Election Commission stating that this Court cannot entertain the prayers in this Writ Petition in the light of the dictum laid down by this Court in State of Kerala and Others v. Noufal Babu E.K. and Others [2020 KHC 5613]. It is submitted that the general election for the year 2025 has already been declared. I will consider that point first.
5. Admittedly, the State Election Commission declared the general election to the local bodies for the year 2025 on 10.11.2025. The election is scheduled to be conducted on 2025:KER:85619 WP(C) NO. 41956 OF 2025 5 09.12.2025 and 11.12.2025. Whether this Court can interfere in such situation is the question to be decided. In Noufal Babu's case (supra), this Court considered the matter in detail. To know the facts of the case, I will extract paragraph No.1 and to know the dictum laid down in the judgment, I will extract paragraph No.70 of the above judgment:
"1. The writ appeals are filed by the State and its officials, and the Kerala State Election Commission as captioned above, challenging the judgments dated 16- 11-2020, 19.11.2020 and 20.11.2020 rendered by the learned single Judge in various writ petitions, whereby the learned single Judge allowed the writ petitions and directed the Kerala State Election Commission to recast the reservation by rotation to the office of the President and Chairpersons of the local bodies in question, pursuant to the notifications issued by the State Election Commission dated 03.11.2020 in that regard, which is a process of the General Elections notified by the State Election Commission. Though one of the writ petitions was filed earlier to the notification issued by the State Election Commission and the other writ petitions were filed on 06.11.2020 i.e., the date of the announcement of elections by the State Election Commission, the judgment was passed on 16.11.2020 after the notification of election issued by the State Government on 12.11.2020.
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70. Bearing in mind the provisions of the Constitution of India and the relevant statutes and so also the proposition of law laid down by the Apex Court in the aforementioned judgments as well as in N.P. Ponnuswami and Mohinder Singh Gill (supra), we have no hesitation to hold that the issues raised by the petitioners are clearly barred under Art.243 - O(a) and 243 - ZG(a) r/w clauses (b) thereto of the Constitution of India. We also find that the learned single Judge having found that there is no illegality on the part of the State Election Commission to reserve the offices in accordance with the provisions of the statutes, according to us, was not right in interfering with the electoral process, especially when the directions issued by the learned single Judge to recast the rotation to the post of Chairpersons / President of the local bodies is a complex and complicated procedure dependent on various factors in accordance with the provisions of the Constitution as discussed above and the provisions of the statutes in question."
6. Admittedly, the above judgment was challenged before the Apex Court and the Apex Court dismissed SLP Nos.15998 & 15999/2020. In the light of the same, I am of the considered opinion that this Court cannot entertain the prayers in this Writ Petition. But the counsel appearing for the 2025:KER:85619 WP(C) NO. 41956 OF 2025 7 petitioner submitted that the issue raised may be left open. I think that prayer can be allowed. Therefore, the issue raised in this Writ Petition is left open. But, there is no merit in this Writ Petition.
Accordingly, this Writ Petition is dismissed.
sd/-
P.V.KUNHIKRISHNAN
JUDGE
JV
Judgment reserved NA
Date of Judgment 11.11.2025
Judgment dictated 11.11.2025
Draft Judgment placed 14.11.2025
Final Judgment 15.11.2025
uploaded
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APPENDIX OF WP(C) 41956/2025
PETITIONER EXHIBITS
Exhibit P1. A TRUE COPY OF THE NOTIFICATION DATED 03/11/2025 ISSUED BY THE 2ND RESPONDENT IN THE EXTRAORDINARY GAZETTE OF KERALA Exhibit P2. A TRUE COPY OF THE NOTIFICATION DATED 05/11/2025 ISSUED BY THE 2ND RESPONDENT IN THE EXTRAORDINARY GAZETTE OF KERALA Exhibit P3. A TRUE COPY OF THE SCREENSHOT OBTAINED FROM THE WEBSITE OF THE 2ND RESPONDENT Exhibit P4. A TRUE COPY OF THE SCREENSHOT OBTAINED FROM THE WEBSITE OF THE 2ND RESPONDENT Exhibit P5. A TRUE COPY OF THE SCREENSHOT OBTAINED FROM THE WEBSITE OF THE 2ND RESPONDENT Exhibit P6. A TRUE COPY OF THE REPRESENTATION DATED 06/11/2025 SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT Exhibit P7. A TRUE COPY OF THE RECEIPT DATED 06/11/2025 AS REGARDS EXT. P6 Exhibit P8. A TRUE COPY OF THE REPRESENTATION DATED 06/11/2025 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P9. A TRUE COPY OF THE POSTAL RECEIPT DATED 07/11/2025 AS REGARDS EXT. P8 RESPONDENT ANNEXURES Annexure-R2(a) The true copy G.O (P) No.24/2025/LSGD dated 03-05-2025