IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 4TH NOVEMBER 2008 / 13TH KARTHIKA 1930 WP(C).No. 20631 of 2007(F) -------------------------- PETITIONER(S): --------------- MALAPPURAM DISTRICT PANCHAYAT, MALAPPURAM, RPRESENTED BY ITS PRESIDENT, ARIMBRA MOHAMMED MASTER, RESIDING AT: ARIMBRA HOUSE, THIRURANGADI P.O., MALAPPURAM. BY ADV. SRI.MURALI PURUSHOTHAMAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SECRETARY, AGRICULTURE (ANIMAL HUSBANDARY) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. THE DISTRICT ANIMAL HUSBANDARY OFFICER, MALAPPURAM. 4. K.T.JALEEL, M.L.A., KUTTIPURAM LEGISLATIVE ASSEMBLY, KUTTIPPURAM. ADDL.R5: KERALA FEEDS LIMITED, KALLETTUKARA, TRICHUR – 680 683, REPRESENTED BY ITS MANAGING DIRECTOR, DR. M. SURESH KUMAR. (IMPLEADED AS PER ORDER DT.20.10.08 IN IA NO.13154/08) GOVERNMENT PLEADER SRI. M.R. SABU SRI. E.K. NANDA KUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 20631 of 2007 EXT.P1: COPY OF G.O.(P)NO.189/95/LAD DTD 18.09.1995 ISSUED BY R1. EXT.P2: COPY OF CIRCULAR NO.P3-44221/94 PURCHASE DATED 2.2.1996 ISSUED BY R2. EXT.P3: COPY OF THE G.O.(P)NO.126/96/AD DTD 04.03.1996 ISSUED BY R2. EXT.P4: COPY OF THE PROJECT FILE OF ECHO-FARM TOURISM PROJECT. EXT.P5: COPY OF THE ESTIMATE PREPARED BY THE ASSISTANT EXECUTIVE ENGINEER L.S.G. (W.R) D, KUTTIURAK BLOCK PANCHAYAT IN RESPECT OF THE ECHO FARM TOURISM PROJECT. EXT.P6: COPY OF THE DECISION NO.1(18) TAKEN BY THE PETITIONER PANCHAYAT IN ITS MEETING HELD ON 07.03.2007. EXT.P7: COPY OF AGREEMENT NO.374/2006-07 DTD 28.3.2007 ENTERED INTO BY THE PETITIONER PANCHAYAT WITH KAICO. EXT.P8; COPY OF THE LEAFLET ISSUED BY THE CHAIRMAN OF THE STANDING COMMITTEE FOR DEVELOPMENT IN RESPECT OF THE DISTRICT POULTRY FARM IN A CHRONOLOGICAL ORDER. EXT.P9: COPY OF G.O.(MS) NO.134/2006/AD DTD 18.12.2006 ISSUED BY R2. EXT.P10: COPY OF THE LETTER NO.1/2007 DTD 02.01.2007 ISSUED BY THE VETERINARY SURGEON OF THE DISTRICT POULTRY FARM TO R3. EXT.P11: COPY OF LETTER NO.D2.134/2007 DTD 05.01.2007 SUBMITTED BY R3 BEFORE THE PETITIONER PANCHAYAT. EXT.P12: COPY OF THE DECISION NO.2(1) OF THE STANDING COMMITTEE FOR DEVELOPMENT OF THE PETITIONER PANCHAYAT TAKEN IN ITS MEETING HELD ON 02-01-2007. EXT.P13: COPY OF THE LETER NO.137/07(D2) DTD 6.1.2007 ISSUED BY R3 TO THE PETITIONER. WP(C).No. 20631 of 2007 EXT.P14: COPY OF THE DECISION NO.5(9) OF THE PETITIONER PANCHAYAT TAKEN IN ITS MEETING HELD ON 06-01-2007. EXT.P15: COPY OF THE MINUTES OF THE MEETING HELD ON 17.04.2007 BY THE HON'BLE MINISTER FOR FOOD, CIVIL SUPPLIES AND ANIMAL HUSBANDRY FORWARDED TO THE PETITIONER PANCHAYAT ALONG WITH COVERING LETTER NO.3037/AHF2/2007/AD DATED 25.4.2007. EXT.P16; COPY OF THE NEWS ITEM WHICH APPEARED IN MANGALAM DAILY DATED 19.01.2007. EXT.P17: COPY OF THE NEWS ITEM WHICH APPEARED IN MATHRUBHUMI DAILY DATED 18.01.2007. EXT.P18: COPY OF THE NEWS ITEM WHICH APPEARED IN MALAYALA MANORAMA DAILY DATED 15.5.2007. EXT.P19: COPY OF THE NEWS ITEM WHICH APPEARED IN NATTUVARGHAMANAM DAILY DATED 15.05.2007. EXT.P20: COPY OF THE DECISION NO.3(4) OF THE PANCHAYAT TAKEN IN ITS MEETING HELD ON 16.05.2007. EXT.P21: COPY OF THE DECISION NO.2(1) OF THE PANCHAYAT TAKEN IN ITS MEETING HELD ON 15.06.2007. EXT.P22: COPY OF THE LETTER NO.D2-8341/06 DATED 31.08.2006 SUBMITTED BY THE DISTRICT ANIMAL HUSBANDRY OFFICER BEFORE THE PANCHAYAT. EXT.P23: COPY OF RESOLUTION NO.1(6) OF THE PANCHAYAT TAKEN IN ITS MEETING HELD ON 13.09.2006. EXT.P24: COPY OF THE PUBLIC NOTICE DATED 6.10.2006 ISSUED BY THE PANCHAYAT CALLING UPON VARIOUS DIGNITARIES TO ATTEND THE MEETING SCHEDULED ON 06.10.2006. EXT.P25: COPY OF THE MINUTES OF THE MEETING HELD BY THE PANCHAYAT ON 16.10.2006. EXT.P26: COPY OF THE LETTER NO.G2-2192/06 DTD 17.10.2006 ISSUED BY THE SECRETARY OF THE PANCHAYAT TO THE DISTRICT COLLECTOR, MALAPPURAM. WP(C).No. 20631 of 2007 EXT.P27: COPY OF THE LETTER NO.D2-8341/06 DTD20.10.2006 ISSUED BY THE DISTRICT ANIMAL HUSBANDRY OFFICER TO THE DIRECTOR OF THE ANIMAL HUSBANDRY DEPARTMENT. EXT.P28: COPY OF THE SCHEDULE SHOWING THE DATES ON WHICH VARIOUS PROJECTS WERE PROPOSED TO BE INAUGURATED BY THE PANCHAYAT. EXT.P29: COPY OF THE NEWS ITEM WHICH APPEARED IN THE MATHRUBHUMI DAILY ON 08.06.2007. EXT.P30: COPY OF THE NEWS ITEM WHICH APPEARED IN THE MANGALAM DAILY ON 09.06.2007. EXT.P31: COPY OF THE NEWS ITEM WHICH APPEARED IN THE CHANDRIKA DAILY ON 09.06.2007. EXT.P32: COPY OF THE NEWS ITEM WHICH APPEARED IN THE MATHRUBHUMI DAILY ON 09.06.2007. R1'S EXHIBITS EXT.R1(a): COPY OF CIRCULAR NO.31259/P2/99/LSGD DATED 30.9.1999. EXT.R1(b): COPY OF LETTER NO.D2/134/2003 DATED 13.06.2007 ISSUED BY THE DISTRICT ANIMAL HUSBANDRY OFFICER. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No. 20631 OF 2007 ---------------------------------------- Dated this the 4th day of November, 2008 JUDGMENT The dispute involved in this writ petition is as to the validity of the Government orders according sanction to M/s. Kerala Feeds Ltd, to establish a plant in the properties comprised of the District Poultry Farm, Athavanad, which had been handed over to the petitioner Panchayat for management. Both the Panchayat and the additional 5 th respondent are Government entities. As such, the dispute is among the State of Kerala, Malappuram District Panchayat and the Kerala Feeds Limited, which is a Government owned Company. The Supreme Court of India and this court have time and again held that disputes among the governmental entities should not be dragged to the Court and should be decided at the Government level by a High Power Committee. The parties in this case also do not have any objection in the matter being decided by a High Power Committee appointed for the same. W.P.(C)No.20631/07 2 2. Accordingly, I direct that the dispute involved in this writ petition be considered and decided finally by a High Power Committee consisting of the following persons: (a) The Chief Secretary to the Government of Kerala. (b) The Principal Secretary to the Local Self Government Department of the Government of Kerala, (c) Law Secretary to the Government of Kerala. (d) The President of the Malappuram District Panchayat and (e) The Managing Director of the Kerala Feeds Limited. The High Power Committee shall take a decision on the dispute as expeditiously as possible, at any rate, within a period of two months from the date of constitution of the committee. The 1 st respondent Government shall pass orders constituting the committee with the above persons and authorising the committee to take a decision on the dispute as directed above within one week from the date of receipt of a copy of this judgment. Till the High Power Committee takes a final decision in the matter, status quo as on today shall be maintained. The writ petition is disposed of as above. S. SIRI JAGAN, JUDGE Acd W.P.(C)No.20631/07 3