IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR THURSDAY, THE 6TH AUGUST 2009 / 15TH SRAVANA 1931 OP.No. 13126 of 2001(K) ----------------------- PETITIONER(S): --------------- M.K. IBRAHIM, SON OF ABOOBACKER HAJI, MANAKKANAKATH HOUSE, P.O. PUNNATHALA, PUTHANATHANI, MALAPPURAM DIST. BY ADV. SRI.T.KRISHNAN UNNI, SENIOR ADVOCATE RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY TO GOVT., GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. DISTRICT COLLECTOR, MALAPPURAM. 3. TALUK LAND BOARD, TIRUR, MALAPPURAM DIST. 4. ATHAVANAD GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, ATHAVANAD, P.O.KARIPOL, TIRUR TALUK, MALAPPURAM DIST. R1 TO R3 BY GOVERNMENT PLEADER SRI. MATHEW VADAKKEL BY ADV. SRI.T.A.SHAJI FOR R4 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 06/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 ORDER ON CMP 20826 OF 2001 IN OP 13126 OF 2001 DISMISSED 6.8.2009 SD/-C.N.RAMACHANDRAN NAIR, JUDGE. APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE RESOLUTION DATED 9.8.99 PASSED BY THE 4TH RESPONDENT. EXT.P2 TRUE COPY OF THE RESOLUTION DATED 27.1.2000 PASSED BY THE FOURTH RESPONDENT. EXT.P3 TRUE COPY OF THE RESOLUTION DATED 10.2.2000 PASSED BY THE FOURTH RESPONDENT. EXT.P4 TRUE COPY OF THE APPLICATION DATED 20.2.2000 FILED BY THE FOURTH RESPONDENT UNDER RULE 32 OF THE KLR CEILING RULES. RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- O. P. NO. 13126 OF 2001 -------------------------------------------- Dated this the 6th day of August, 2009 JUDGMENT The fourth respondent passed resolutions one after the another requesting the Government to allot land and grant fund for construction of mini civil station, mini industrial estate and mini stadium. However, petitioner's case is that priority for the Panchayath is for mini stadium. The Panchayath being the representative body of the people only can decide which is to be preferred in public interest over the other. This is not a matter for adjudication by the Court. However, I make it clear that Government should go by priority. If Government offices are housed in rented premises, then mini civil station probably should have priority over mini stadium. Further, when the Government considers grant of fund, it should consider claim of various panchayaths, municipalities, etc. and consider which is the one to be funded first. I am of the view that public health, sanitation, education and such other matters should enjoy the priority of the Government. In several cases, this Court noticed that Government permitted panchayaths to construct 2 commercial building on borrowed capital, which has brought many panchayaths under debt trap. In fact in one or two cases, sale of such property under court orders saved the panchayaths from future debts. Therefore, it is my view that Government should not fund or permit the Panchayaths to undertake commercial ventures which are not financially viable. O.P. is disposed of directing the District Collector to make his recommendations to the Government based on the panchayath resolution for the Government to decide the matter. (C.N. RAMACHANDRAN NAIR) Judge kk 3