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2022 Supreme(Online)(KER) 22540
HIGH COURT OF KERALA
P. G. Ajithkumar, J
A. SAKEER VAVVAKKAVU – Appellant
Versus
THE STATE OF KERALA – Respondent
WP(C)/15350/2022
K.R. SUNIL KRISHNA, SURESH SANJUNA GOPINATH, K.P. A. MUJEEB REHUMAN, SMT. DEEPA NARAYANAN, SRI.K.P.SATHEESAN (SR.), SRI.P.MOHANDAS (ERNAKULAM), SRI.K.SUDHINKUMAR, SRI.S.K.ADHITHYAN, SRI.SABU PULLAN, SRI.GOKUL D. SUDHAKARAN, SRI.K.SIJU, SRI.ANJANA KANNATH, SRI.T.S.SREEKUTTY
Assignments of public resources, such as ponds, to religious institutions are prohibited under the Kerala Panchayat Raj Act without adherence to proper legal processes and local governance protocols.
Headnote:
Kerala - Panchayat Raj - Kerala Panchayat Raj Act - Sections 218, 191 - The court evaluated the legality of assigning a public pond to a religious institution under the Kerala Panchayat Raj Act, emphasizing the prohibition of such assignments and the need for compliance with local governance procedures.
Fact of the Case:
The petitioner, a social worker, filed a writ petition challenging the decision of a local Panchayat to assign a public pond to a religious organization, arguing such an act was illegal under the Kerala Panchayat Raj Act and requesting immediate action against the responsible parties.
Finding of the Court:
The court found that the assignment of the pond conflicted with Section 218, as it vested public water courses in the Panchayat, requiring reconsideration of the resolutions made by the Panchayat committee that ignored due process and objections raised.
Issues: The primary issue was whether the Panchayat could legally assign a public pond to a religious institution under the Kerala Panchayat Raj Act, especially against the backdrop of dissent from local governance officers.
Ratio Decidendi: The court highlighted that the provisions of the Kerala Panchayat Raj Act explicitly prohibit the assignment of public resources without due process, affirming the need for a lawful grounding for local governmental decisions.
Final Decision: The writ petition was disposed of with a directive for the 2nd respondent to reconsider the validity of the Panchayat's resolutions regarding the public pond.
JUDGMENT
The above writ petition is filed with the following prayers:-
“1. To issue a Writ of Certiorari, call for the documents pursuant to Exhibit P1 and futher to quash the same as illegal.
2. To issue a Writ of Mandamus, Directions or Orders, directing the respondents 1 to 7 to take immediate and appropriate actions against the 8th and 9th respondents under the powers vested with them under Section 191 of the Kerala Panchayath Raj Act in assigning the 4.80 ares of property to one Sree Narayana Dharma Paripalana Yogam Branch
556.
3. To direct the 8th respondent to take immediate actions to forthwith restore the public pond from any unathorized encroachments and to preserve the public pond for the beneficial enjoyment of the local public.
4. Such other orders, directions deem fit on facts and in the circumstances and in the interest of justice.”
2. The petitioner claims to be a Social Worker and the General Secretary of Social Protection Council. The 8th respondent Panchayath is the owner and in possession of a public pond situated in Block No.3 of Oachira Village in Re.survey Nos.278/4 and 278/8 having a total extent of 8.2 ares of land. According to the petitioner, the pond is situated in a highly valuable area having direct access to the public and the said public pond is used by the local residents and it is a very big water reservoir in the area within the limits of the 8th respondent. It is the case of the petitioner that, from 2011 onwards, the officers attached to the 8th respondent and also the persons elected as ward members in the Local Self Government Institutions attempted to assign the said public pond to one Sree Narayana Dharma Paripalana Yogam Branch 556, Changankulangara as well as to one Jama At Vavvakkavu. According to the petitioner, the attempt of respondents 8 and 9 to assign a public pond vested with them to a religious institution is illegal and against the provisions of Section 218 of the Kerala Panchayat Raj Act . It is the case of the petitioner that he submitted several complaints against the illegal attempts of the 8th respondent and its Managing Committee and however, upto this time, none of the respondents are taking any action to preserve the public pond is the contention of the petitioner. It is also submitted that the 8th respondent Managing Committee overlooking the objections of the Secretary of the Grama Panchayat took illegal decisions to assign the land in favour of Sree Narayana Dharma Paripalana Yogam Branch 556 and the Jama At Vavvakavu. It is the case of the petitioner that the above decision of the Panchayat is to be set aside. Hence this writ petition.
3. Heard the counsel for the petitioner, the Government Pleader and the Standing Counsel appearing for respondents 8 to 10. I have also heard the counsel appearing for the additional 11th respondent.
4. The impugned resolution is produced as Ext.R10(a).
Ext.R10(a) is dated 09.06.2011. This Court perused Ext.R10(a). In Ext.R10(a), the resolution is passed with the dissenting note of the Secretary of the Grama Panchayat. It will be better to extract Section 218 of the Kerala Panchayat Raj Act :-
“218. Vesting of watercourse, springs, reservoirs, etc., in Village Panchayats.- (1) Notwithstanding anything contained in the Kerala Land Conservancy Act 1957 (8 of 1958) or in any other law for the time being in force, all public water courses (other than rivers passing through more areas, than the panchayat area which the Government may, by notification in the gazette, specify), the beds and Banks of rivers, streams, irrigation and drainage channels, canals, lakes, back waters and water courses and all standing and flowing water, springs, reservoirs, tanks, cisterns, fountains, wells, kappus, chals, stand pipes and other water works including those used by the public to such an extent as to give a prescriptive right to their use whether existing at the commencement of this Act or afterwards made, laid or erected and whether made, laid or erecte
