IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 27TH FEBRUARY 2009 / 8TH PHALGUNA 1930 WP(C).No. 5860 of 2009(B) ------------------------- PETITIONER(S): --------------- MYNAGAPPALLY GRAMA PANCHAYATH REPRESENTED BY SECRETARY, GRAMA PANCHAYATH MYNAGAPPALLY, KOLLAM, KERALA. BY ADV. SRI.SOORANAD S.SREEKUMAR SRI.P.V.DILEEP RESPONDENT(S): --------------- 1. RELIANCE TELECOM LTD., A & P ARCADE, SAHODARAN AYYAPPAN ROAD, KADAVANTHRA, ERNAKULAM, REPRESENTED BY ITS PRESENT MANAGER (LEGAL). SRI.RAJA RAJA VARMA 2. STATE OF KERALA, REPRESENTED BY GOVERNMENT SECRETARY TO LOCAL SELF GOVERNMENT DEPARTMENT SECRETARIAT, TVM. GOVT. PLEADER SMT. K.R. DEEPA ADV. SRI. V.G. ARUN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 5860 of 2009 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 27th February, 2009. J U D G M E N T The petitioner is the Mynagappally Grama Panchayat. The petitioner is challenging Ext. P3 order of the Tribunal for Local Self Government Institutions. That order was passed in appeal No. 703/2008 filed by the 1st respondent, whereby the Tribunal set aside Ext. P2 order of the Secretary of the Panchayat rejecting an application for permit submitted by the 1st respondent for construction of a telecommunication tower on the ground that the Panchayat committee had taken a resolution on 18-10-2008 to reject the application for permit. The Tribunal found that as per the provisions of the Kerala Panchayat Raj Act, the Panchayat committee has no original jurisdiction to deal with applications for permits and therefore, the Secretary is bound to consider the application for permit submitted by the 1st respondent uninfluenced by the resolution adopted by the Panchayat. The petitioner is aggrieved by that direction. 2. I have heard the counsel for the petitioner. Learned counsel could not bring to my attention any provision of the Kerala Panchayat Raj Act, whereby the Panchayat committee has original jurisdiction to direct the Secretary not to grant a permit. In the absence of any such powers, the Panchayat committee cannot direct the Secretary to decide an application for permit in a particular way. It is for the Secretary to consider application for permit in accordance with the provisions of the Kerala Panchayat Raj Act. The jurisdiction of the Panchayat is only to deal with the matter thereafter and the Panchayat committee has no power to pre-empt the decision of the Secretary. Therefore, I do not find anything wrong with Ext. P3. Accordingly, the writ petition is dismissed. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge.