Thottathil B. Radhakrishnan, J. - (1.)Can a rural area, after its transit to be an urban area, thereby becoming a "Smaller urban area" or a "larger urban area" in terms of Article 243Q of the Constitution of India, be re-transited to be a rural area If so, can it be done under an exercise for the purpose of the provisions of Part IXA of the Constitution Is the impugned "de-linking" of certain urban areas from the municipalities, for being treated as rural areas, unconstitutional If such action is permissible in terms of the Constitution, could it be subjected to control by judicial review If so, is the impugned action vitiated by illegality, irrationality or procedural impropriety, the three well recognized grounds Broadly, these are the issues that arise for decision in these writ petitions. Section 4(2)(b) of the Kerala Municipality Act, 1994, hereinafter, the "Municipality Act", for short, is also challenged in WP(C) No. 16997 of 2005, as unconstitutional.
Relevant common facts:

(2.)As per SRO No. 468/94 and SRO No. 469/94, respectively, the Governor notified the "villages" and the "intermediate levels", for the purpose of Part IX of the Constitution, in exercise of the powers, in that regard, conferred by Clauses (g) and (c) of Article 243. Each of the Villager so specified was to have the territorial area of the Panchayat that then existed, as shown against each of the Villages so notified. As per SRO No. 470/94, the Governor, in exercise of the powers, in that regard, conferred by Clause (d) of Article 243P and Clause (2) of Article 2439, notified the "smaller urban areas" and the "larger urban areas", so enlisted in Schedules I and II therein and further notifying that each area so specified shall be a municipal area for the purpose of Part IXA of the Constitution. SRO No. 468/94, SRO No. 469/94 and SRO No. 470/94 were published as per GO (P) No. 86/94/LAD dated 20-4-1994.
(3.)By SRO No. 974/99 published as per GO(P) No. 224/99/LSGD dated 30-11-1999, the Governor notified the areas of Andoor, Kodiyeri, Perumpazhuthur and Ezhuvathuruthy Grama Panchayats to be "smaller urban areas" and the areas of Ullor, Nemom, Attipra, Kadakampally and Thiruvallam Grama Panchayats to be "larger urban areas" for the purpose of Part IXA, with effect from 1-10-2000. The areas, Andoor, Kodiyeri, Ezhuvathuruthy and Perumpazhuthur were included in the Thaliparambu, Thalassery, Ponnani and Neyyattinkara Municipalities respectively and the areas, Ulloor, Nemom, Attipra, Kadakampally and Thiruvallam were included in the Thiruvananthapuram Municipal Corporation. Consequential notifications, SRO No. 975/99, published as per GO(P) No. 225/99/LSGD dated 30-11-1999 and SRO No. 976/99, published as per GO (P) No. 226/99/LSGD dated 30-11-1999, were issued under the Municipality Act. As per SRO No. 1056/99, published as per GO (P) No. 253/99/LSGD elated 21-12-1999, the Governor notified, with effect from 1-10-2000, certain areas as "smaller urban areas", thereby adding respectively, the areas of Arthatt Grama Panchayat and Ward No. 2, 3, 9, 11 and parts of Wards No. 1 and 10 of Chovannur Grama Panchayat to the Kunnamkulam Municipality; Wards No. 11 and 12 of Meppadi Grama Panchayat between Manikuni and Puthoorvayalthodu to the Kalpetta Municipality and the areas of Naderi Desam in Arikulam Grama Panchayat, comprising of 3 wards, to the Quilandy Municipality. Consequential notifications, SRO No. 1057/99, published as per GO (P) No. 254/99/LSGD dated 21-12-1999 and SRO No. 1058/99, published as per GO (P) No. 255/99/LSGD dated 21-12-1999, were issued under the Municipality Act.