The court established that government permission is required for the transfer of Panchayath property, contingent on the Panchayath's resolution supporting the assignment.

JUDGMENT

The petitioner is one of the co-owners in possession and enjoyment of 1.05.22 Hectares of land covered by Document No.8956/2007 of S.R.O., Perumbavoor. 3.60 Ares of puramboke land comprised in Re-Survey No.396/4 of Koovappady Village and an old and dilapidated well is situated therein is surrounded by the property of the petitioner. There is no direct access to the puramboke land. Hence, the petitioner along with the co-owner preferred Ext.P4 application before the 1st respondent for assignment of the puramboke land in their favour. The petitioner and the co-owner have undertaken to give equal extent of their property in exchange of the assignment of the land in their favour. The 1st respondent forwarded Ext.P4 application to the 2nd respondent calling for a report. The Village OfÏcer conducted an inspection and submitted Ext.P6 report before the 2nd respondent. Based on Ext.P6, the 2nd respondent submitted Ext.P7 report to the 1st respondent. In the said report, it is suggested that the steps should be taken to assign the land in favour of the petitioner after the property being divested from the Panchayath to the Government since the puramboke land now belongs to the Panchayath. Thereafter, the matter was considered by the Panchayath committee and Ext.P9 report along with sketch and copy of BTR was submitted before the District Joint Director of Panchayath. Later, the Panchayath submitted Ext.P9 report before the Additional Chief Secretary, Department of Local Self Government stating that it has no objection to divest the property to the Government. Then, the 3rd respondent passed Ext.P11 order rejecting the request of the petitioner.

It is challenging Ext.P11, this Writ Petition has been filed.

2. I have heard Sri. Jayadeep Menon K. V., the learned counsel appearing for the petitioner, Smt. Vidya Kuriakose, the learned Government Pleader and Sri. R. Ranjith, the learned Standing Counsel for the 4th respondent.

3. The materials on record reveal that the puramboke land having an extent of 3.60 Ares is surrounded by the property of the petitioner and there is no direct access to the puramboke land. It is not in dispute that the said puramboke land is now vested with the Koovappady Grama Panchayath. The petitioner has offered to provide an equal extent of land to the Panchayath or Government, as the case may be, in exchange of the assignment of the puramboke land in their favour.

4. The learned Standing Counsel for the Panchayath submitted that the Panchayath has absolutely no objection in assigning the puramboke land which now belongs to the Panchayath in favour of the petitioner on condition that the petitioner shall assign an equivalent land to the Panchayath. The learned Standing Counsel further submits that since the puramboke land does not have any road access and the land proposed to be given by the petitioner in exchange of the puramboke land is a land abutting the Panchayath road, the Panchayath will only be benefited by such an exchange. However, the Government as per Ext.P11 has taken a stand that since the property is vested with the Panchayath, it cannot take a decision to assign the land in favour of the petitioner.

5. The learned Standing Counsel for the Panchayath has invited my attention to Rule 6 of the Kerala Panchayath Raj (Acquistion and Disposal of Property) Rules, 2005 (for short ‘the Rules’). The said provision deals with the transfer of Panchayath owned property through sale. It says that the Panchayath may transfer any of its own property by sale with prior permission of the Government and such transfer shall be in accordance with Form II appended to the Rules. In fact, the Panchayath has already passed a resolution to assign the puramboke land in question in favour of the petitioner on condition that the petitioner shall assign an equivalent land in favour of the Panchayath. Since the property belongs to the Panchayath, if Panchayath takes a decision to assign the land in favour of the petitioner,