The Panchayat can modify or cancel resolutions after three months without 2/3 majority if deemed in the public interest, allowing flexibility in local governance.

COMMON JUDGMENT

Muralee Krishna, J.

W.A.No.2311 of 2025 is filed by the petitioner in W.P.(C)No. 18477 of 2025, W.A.No.2332 of 2025 is filed by the petitioners in W.P.(C)No.29164 of 2025, and W.A.No.2353 of 2025 is filed by the additional 6^th respondent in W.P.(C)No.17119 of 2025, under Section 5 (i) of the Kerala High Court Act , 1958, challenging the common judgment dated 11.09.2025 passed by the learned Single Judge in those writ petitions. Since the issue involved in all these writ appeals is the same, they are being disposed of by this common judgment. For convenience of reference, the parties and documents are referred to as in W.A.No.2311 of 2025, unless otherwise stated.

2. The appellant in W.A.No.2311 of 2025 and W.A.No.2353 of 2025 is a member of Ward No.2 of the 6^th respondent Vengola Grama Panchayat. A Homeo Dispensary has been functioning on the 2^nd floor of the Panchayat shopping complex on rent, situated in Ward No.2. According to the appellant, since the dispensary is functioning on the 2^nd floor, it poses significant challenges for elderly individuals and patients, as it is very difficult to climb stairs due to physical limitations and health conditions. Under the said circumstances, the appellant came up with a proposal to shift the Homeo dispensary from the present building to a property offered by him for the construction of a new building. Accordingly, as per Ext.P4 gift deed dated 23.11.2023, the appellant gifted 2.43 Ares of his property situated in resurvey Nos.113/5/2/2 and 113/6/2/3 of Vengola Village to the 6^th respondent, Panchayat. Subsequently, the 6^th respondent included the said property in its asset register. Thereafter, the 4^th respondent issued Ext.P5 letter to the appellant regarding the inclusion of the Homeo Dispensary under the National Ayush Mission State Annual Action Plan 2024-2025. The 3^rd respondent Chief Engineer, National Ayush Mission Kerala, issued Ext.P6 letter dated 11.09.2024 to the 7^th respondent stating that the work for the construction of Government Homeo Dispensary Vengola has been approved in the State Annual Action Plan of the National Ayush Mission Kerala for the year 2024-2025.

2.1. Some persons submitted a complaint before the 7^th respondent against the relocation of the Homeo Dispensary. Thereafter, the President of Vengola Grama Panchayat issued Ext.P7 notice dated 13.12.2024 regarding the meeting to be held on 16.12.2024, and issue No.37 therein was regarding the letter of the 5^th respondent requesting to approve the draft plan of the building proposed to be constructed with National Ayush Mission fund for Homeo Dispensary. Since the 7^th respondent has not taken any action for approval of the draft plan of the building, the appellant approached this Court with W.P.(C)No.45543 of 2024 seeking a direction against the 7^th respondent to approve the draft plan of the building. Based on the submission of the learned counsel appearing for the 7^th respondent that the Panchayat has already handed over the property to the Government for execution of the project, and therefore no building permit from the Panchayat is required, this Court, by Ext.P8 judgment dated 19.12.2024, directed the respondent therein to ensure that the undertaking given by the Panchayat is complied with. The ‘SILK’, a public sector institution, was duly entrusted with the task of constructing the building for shifting the Homeo Dispensary. But the Panchayat committee meeting held on 15.02.2025 took Ext.P9 decision to cancel the earlier decision unanimously taken by the committee on 15.03.2023 to establish the Homeo Dispensary in the property gifted by the appellant. Contending that by non- compliance of Ext.P