IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 8TH JUNE 2010 / 18TH JYAISTHA 1932 WP(C).No. 6986 of 2010(W) ------------------------- PETITIONER: --------------- ADIMALY GRAMA PANCHAYATH, REP.BY ITS SECRETARY. GRAMA PANCHAYATH OFFICE,ADIMALY, IDUKKI DISTRICT. BY ADV. SRI.K.ABDUL JAWAD RESPONDENTS: --------------- 1. STATE OF KERALA REP.BY ITS PRINCIPAL SECRETARY, LOCAL SELF GOVERNMEN DEPARTMENT SECRETARIAT, THIRUVANATHAPURAM. 2. THE DIRECTOR OF PANCHAYATH, DIRECTORATE OF PANCHAYATH, THIRUVANAHTHAPURAM. 3. IDUKKI DISTRICT PANCHAYATH, REP.BY ITS SECRETARY, IDUKKI DISTRICT PANCHAYATH OFFICE, PAINAVU, IDUKKI DISTRICT. 4. CONFEDERATION FOR SOCIETIES FOR DEAF, PANCHAYATH SHOPPING COMPLEX, ADIMALY P.O., IDUKKI DISTRICT. GOVERNMENT PLEADER SMT. K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/06/2010, ALONG WITH WPC NO. 3429 OF 2010 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ---------------------------------------- WP (C) Nos. 3429 of 2010 & 6986 of 2010 --------------------------------------- Dated this the 8th day of June, 2010 J U D G M E N T In WP(C) No. 3429 of 2010 the petitioner seeks implementation of Exhibits P5, P8 and P10, the fourth respondent Panchayath is the petitioner in WP(C) No. 6986 of 2010 where in the above orders have been challenged. 2. The matter relates to the allotment made by the Government of a room to the petitioner in 3429/2010 as per Exhibit P5 there in. The petitioner is a Confederation of Societies for Deaf. The Government issued an order directing the 3rd respondent to allot a room in the RAIC building to the petitioner 3. It appears that, the above decision was taken on the basis of the representations submitted by the said federation before the Government and as per the direction issued by this Court in WP(C) 9875/09 to consider and pass orders on Exhibit P3 representation. 4. In WP(C) No.6986/10, the contention raised by the 2 WP (C) Nos. 3429 of 2010 & 6986 of 2010 Panchayath is that the owner ship of the property and building vests with the Panchayath and without hearing the Panchayath and without getting the consent of the Panchayath the Government has passed the order. On coming to know about the order the Panchayath has passed a resolution as per Exhibit P6 and has forward the same to the Government seeking to withdraw the permission granted to the petitioner in WP(C) No.3429/10. 5. The learned counsel for the Panchayath submitted that an Ayurvedic Hospital, which was sanctioned by the Government, is functioning in the present building. It is therefore submitted that, the allotment of the room to the federation cannot be supported. Several other contentions have also been raised in the counter affidavit and in the writ petition filed by them. 6. Heard the counsel for the District Panchayath also. Now that both the petitioners have moved the Government in the matter, it will be open to the 3 WP (C) Nos. 3429 of 2010 & 6986 of 2010 Government to take an appropriate decision. Learned counsel for the federation submitted that the Panchayath is having other building wherein accommodation is possible for the needs of the federation. This submission is opposed by the learned counsel for the Panchayath. 7. Whatever that be in the light of the contentions raised by the parties, the Government will have to hear all the parties including the petitioners in both the writ petitions as well as the District Panchayath and take an appropriate decision within a period of two months from the date of receipt of a copy of this judgment. The writ petitions are disposed of as above. No costs. T.R. RAMACHANDRAN NAIR, JUDGE. rkc