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2022 Supreme(Ker) 884

MURALI PURUSHOTHAMAN
V. V. Haridas Md – Appellant
Versus
State Of Kerala, Represented By It's Chief Secretary – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Anil S.Raj, K.N.Rajani, Radhika Rajasekharan P. Anila Peter, Muhammed Haris K.K., Simi S. Ali
For the Respondent: Sr. Government Pleader Smt. Surya Binoy, Sri. J. Omprakash, SC, Cherthala Municipality, Sri. Darsan Somanath, SC, Sri. T.Naveen Kumar, SC

JUDGMENT :

Since Common issues arise for consideration in these writ petitions, they were heard together and are disposed of by this common judgment. The respondents and the status in which they are arrayed in both writ petitions are the same and the exhibits referred to hereinbelow shall be as obtaining in W.P.(C) No.4367/2022.

2. The petitioner in W.P. (C). No. 24389 of 2021 is a Company which is engaged in the business of running hospitals and has a 63 bed hospital at Thaneermukkam Grama Panchayat, the 3rd respondent (hereinafter referred to as the 'Panchayat'). The petitioner is aggrieved by Ext. P3 resolution dated 28.09.2021 of the Panchayat permitting the setting up of a Fecal Sludge Treatment Plant (FSTP) by the 2nd respondent, the Cherthala Municipality ('Municipality' for short), in the puramboke property vested in the Panchayat and lying adjacent to the premises of the petitioner. According to the petitioner, the land where the FSTP is proposed to be set up is a community property vested in the Panchayat and can be used only for the benefit of the villagers as specified in Section 171 of the Kerala Panchayat Raj Act, 1994 (hereinafter referred to as 'K P R Act' for short),

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