IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 27TH AUGUST 2009 / 5TH BHADRA 1931 WP(C).No. 30652 of 2008(Y) -------------------------- PETITIONER(S): --------------- KOLAZHI GRAMA PANCHAYAT, P.O.MULANKUNNATHUKAVU, PIN-680501, THRISSUR DISTRICT REPRESENTED BY ITS SECRETARY. BY ADV. SRI.SANTHEEP ANKARATH SRI.V.C.MADHAVANKUTTY RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF IRRIGATION, SECRETARIAT, THIRUVANANTHAPURAM 2. SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 3. THE DISTICT COLLECTOR, CIVIL STATION, THRISSUR. 4. EXECUTIVE ENGINEER, IRRIGATION SUB DIVISION, THRISSUR. 5. ASSISTANT EXECUTIVE ENGINEER, OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER, IRRIGATION SUB DIVISION, THRISSUR. GOVERNMENT PLEADER SMT.SMITHA SUKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). No. 30652/08. APPENDIX PETITIONER'S EXHIBITS: P1. COPY OF THE NOTICE INVITING TENDERS. P2. COPY OF THE PROFORMA OF TENDERS. P3. COPY OF THE ORDER OF R3 DTD.8.1.97. P4. COPY OF THE LETTER DTD.11.3.97 BY R3. P5A. COPY OF THE APPROVED PLAN. “B. COPY OF THE SANCTION ACCORDING LETTER DTD.19.12.97. P6. COPY OF THE PROFORMA FOR ACCEPTANCE OF TENDER. P7. COPY OF THE ORDER DTD.26.3.02 BY R4. P8. COPY OF THE AGREEMENT. P9. COPY OF THE LETTER DTD.1.6.2007 ISSUED BY THE ASST. ENGINEER IRRIGATION DIVISION, THRISSUR TO THE PANCHAYAT. P10. COPY OF THE REPLY TD.1.6.2007. P11. COPY OF THE LETTER DTD.29.11.97 BY THE VILLAGE OFFICER, KOLAZHI. P12. COPY OF THE COMPLAINT DTD.30.5.07. P13. COPY OF THE REPLY DTD.29.11.07. P14. COPY OF THE NOTICE DTD.28.12.L07 BY R5. P15. COPY OF THE REPLY DTD.15.1.2008 BY THE PANCHAYAT. P16. COPY OF THE MINUTES OF THE MEETING DTD.15.1.2008. P17. COPY OF THE SHOW CAUSE NOTICE DTD.4.10.08 BY R5. P18. COPY OF THE NOTICE ISSUED BY R5 TO THE PETITIONER. RESPONDENT(S)'EXHIBITS R4A. COPY OF THE CIRCULAR DTD.20.6.94. “B. COPY OF THE LETTER DTD.28.12.07 OF R5. “C. COPY OF THE REPLY TO THE NOTICE OF THE R5. Sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P(C).No.30652 of 2008 ================== Dated this the 27th day of August, 2009 J U D G M E N T In this writ petition, the dispute is between a Grama Panchayat on the one hand and the State of Kerala on the other, in respect of the construction of a building by the Panchayat, allegedly in the land belonging to the Government, without sanction from the appropriate authorities. The contention of the Panchayat is that the construction of the building was after obtaining all necessary approvals from all departments concerned. This is disputed by the respondents on the ground that permission from the Irrigation Department has not been obtained. The Panchayat disputes this contention also. 2. Admittedly the dispute is between the Government and a local authority. Such issues between the Government entities should not be dragged to a court of law and should be resolved at the Government level itself, if necessary, by constituting a high power committee to decide the dispute. It has been so held by the Supreme Court in OIL & NATURAL GAS CORPN. LTD. v. CITY & INDUSTRIAL DEVELOPMENT CORPORATION, MAHARASHTRA LTD. AND OTHERS [2007 (7) SCC 39]. Similar view has been taken by the Supreme Court in the decisions in Chief Conservator of Forests v. Collector [(2003) 3 SCC 472] and ONGC (I) v. CCE W.P.C.30652/08 2 [1992 Supp.(2) SCC 432]. Therefore, I am inclined direct the parties to resolve the dispute by resorting it to a high power committee. Accordingly, this writ petition is disposed of with the following directions: The State of Kerala shall constitute a high power committee consisting of the Secretaries of the departments concerned, including the Secretary to the Department of Local Self Government and a representative of the Panchayat committee, within one month from the date of receipt of a copy of this judgment. The Committee shall consider the dispute and take a decision thereon within six months from the date of constitution of the Committee. No further proceedings shall be taken against the building in question in the meanwhile. I further make it clear that whatever be the decision, since the building has been constructed using public funds, the same shall not be demolished, unless the demolition becomes absolutely necessary for putting the land on which the building is constructed, to some other use in public interest. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge