JUDGMENT : 1. This writ petition is filed by the petitioner Panchayat seeking to declare that the alleged order purported to have been issued by the 1st respondent which gave leverage to respondents 2 to 5 and their men are without authority and illegal, and for a writ of mandamus directing the 1st respondent to stop the illegal construction started by respondents 2 to 5 in the property having an extent of 1.97 acres situate in Re survey No.514/1 of A.R. Nagar Village, in pursuance to the alleged order purported to have been issued by the 1st respondent. Material facts for the disposal of the writ petition are as follows: 2. According to the petitioner, an extent of 1 Acre 97 Cents of land situate in the above specified survey number and Village is vested in the petitioner Panchayat. It is in the said property, the Primary Health Centre of A.R. Nagar Village is functioning. The 1st respondent is the authority in charge of all Primary Health Centres functioning in the District, and he is authorized to control, regulate and monitor the functions of Primary Health Centre and its staff. 3. The Panchayat Committee in its meeting held on 10.11.2014 had taken a decision as per Ext.P1 resolution to hand over 25 cents of land to start the Fire Station in A.R. Nagar. In pursuance of Ext.P1, the Additional Divisional Officer of Fire and Rescue Services, Malappuram inspected the property on 23.12.2014, evident from Exts.P2 and P3. In Ext.P3, certain modifications regarding the right of way were sought for by the Fire and Rescue Department. Thereafter, petitioner made request for obtaining the necessary documents in respect of the property having an extent of 25 cents from out of the extent of property specified above for the purpose of handing over the same to the Fire and Rescue Department. A true copy of the letter issued by the Commandant General of Fire and Rescue Services, Thiruvananthapuram dated 31.03.2015 is produced as Ext.P4, and the letter issued by the petitioner to the Village Officer, A.R.Nagar dated 20.07.2015 is produced as Ext.P5. 4. It is also submitted that, the entire documentary works for handing over the property to Fire and Rescue Department have been completed, and it was proposed to conduct an inaugural function of the Stone Laying Ceremony on 07.08.2015. 4. It is also submitted that, the entire documentary works for handing over the property to Fire and Rescue Department have been completed, and it was proposed to conduct an inaugural function of the Stone Laying Ceremony on 07.08.2015. According to the petitioner, the 3rd respondent owes allegiance to the opposition party of the State. All on a sudden, on 02.08.2015, at around 4 p.m., respondents along with certain other persons gathered in the above said property and started construction work therein without the knowledge and consent of the Panchayat authorities. A news item appeared in that regard in one of the vernacular daily dated 03.08.2015 is produced as Ext.P6. When petitioner made enquiries, it was informed that the 1st respondent has issued an order permitting the respondents 2 to 5 to construct an Anganwadi in the property. It is also pointed out that, the 1st respondent has not issued any orders to the Panchayat intimating the Panchayat to hand over the property to respondents 2 to 5 to make certain construction for Anganwadi in the property. It is also pointed out that, the action of the respondents are nothing but trespass into the property belonging to the Panchayat, and thereupon, a stop memo was given by the officer in charge of the Panchayat, directing the respondents to stop the illegal work. However, unmindful of the stop memo, respondents are proceeding with the work. 5. Respondents 2 to 5 have filed a detailed counter affidavit, refuting the allegations and claims and demands raised by the petitioner. The maintainability of the writ petition is challenged. That apart, it is submitted that, Exts.P1 to P5 documents are self-serving documents which will not confer title to the writ petitioner in respect of the property in question. It is also submitted that, the decision taken by the Panchayat Committee to hand over the property to the Fire and Rescue Department is illegal, and the property in question is not vested with the Panchayat at all. It is also pointed out that, the property in question is surrendered by E.K. Moideenkutty Master to the Government for starting a Primary Health Centre and a hospital. Therefore, the property belong to the Government of Kerala and the Department of Health and Family Welfare. 6. It is also pointed out that, the property in question is surrendered by E.K. Moideenkutty Master to the Government for starting a Primary Health Centre and a hospital. Therefore, the property belong to the Government of Kerala and the Department of Health and Family Welfare. 6. That apart, it is submitted that, it is the statutory duty of the Grama Panchayat to run Anganwadies and the writ petitioner cannot escape from their statutory duties. So also, Anganwadi No.78 is functioning in a rented and dilapidated building and children in the lower strata of the society is the beneficiaries of the said Anganwadi. Since the Panchayat failed to perform their statutory duty, people of the locality formed 'Anganwadi Kshema Samithi' and the 5th respondent is the teacher attached to the Anganwadi. 7. The 'Anganwadi Kshema Samithi' submitted a request to the Medical Officer, to allot 3 ½ cents from the property of the Health Department for construction of a building for Anganwadi No.78, evident from Ext.R4(a) application and the President of the Grama Panchayat is the Chairman of A.R. Nagar Primary Health Centre Welfare Committee. On 25.01.2012, the Welfare Committee in the meeting resolved to submit necessary application seeking permission of the 1st respondent to allot 3 cents of land from the property in question, and the resolution so passed is produced as Ext.R4(b). In pursuance of Exts.R4(a) and R4(b), the Medical Officer, Primary Health Centre recommended to the 1st respondent on 18.02.2012 to grant 3 cents of land for constructing the Anganwadi, evident from Ext.R4(c) communication. On receipt of Ext.R4(c), 1st respondent sought for a report from the Medical Officer, evident from Ext.R4(d). In Ext.R4(d) communication, 1st respondent informed the Medical Officer that permission of the Government is required for providing the land, and for that purpose, the Secretary of the Grama Panchayat has to make an application and the Grama Panchayat has to take a decision in this regard. Consequently, the Medical Officer submitted Ext.R4(e) report dated 14.05.2012 and on the same day addressed to the Secretary of the Grama Panchayat to submit necessary application, evident from Ext.R4(f). Based on Ext.R4(f), the Panchayat resolved to entrust the Secretary to submit necessary application to the Government, evident from Ext.R4(g). 8. Consequently, the Medical Officer submitted Ext.R4(e) report dated 14.05.2012 and on the same day addressed to the Secretary of the Grama Panchayat to submit necessary application, evident from Ext.R4(f). Based on Ext.R4(f), the Panchayat resolved to entrust the Secretary to submit necessary application to the Government, evident from Ext.R4(g). 8. It is further submitted that, the respondents made several representations to the Minister for Health and Minister for Industries for granting permission to allot 3 cents of land for constructing an Anganwadi. It is after series of representations, 1st respondent by order dated 30.03.2015, permitted to construct an Anganwadi, evident from Ext.R4(h). Pursuant to Ext.R4(h) order, the members of the 2nd respondent started constructing the Anganwadi after securing contribution from the general public. Therefore, according to the said respondents, there is no manner of right vested with the Panchayat to object to the construction carried out by respondents 2 to 5. 9. A reply affidavit is filed by the petitioner, reiterating the stand adopted in the writ petition and also stating that, the Secretary of the Panchayat has been duly authorized by the Panchayat to file the writ petition before this Court. 10. The 1st respondent has also filed a counter affidavit, virtually contending that the Panchayat has no manner of right over the property and the property exclusively vests with the Government, even though the administration of the Health Department is administered by the local body. It is also pointed out that, the decision taken by the Panchayat Committee is not binding on the State Government and as per Ext.R1(b) Circular dated 03.11.1999, it is clearly specified by the State Government that even though the properties and the institutions are handed over to the Panchayat for administration of the same, the ownership of the property still vests with the Government. Therefore, the 1st respondent in effect supports the stand adopted by respondents 2 to 5. 11. An additional counter affidavit is also filed by respondents 2 to 5, disputing the statement made in the reply affidavit that the Secretary of the Panchayat is authorised to file the writ petition. 12. I have heard learned counsel for the petitioner, learned Government Pleader and the learned counsel appearing for respondents 2 to 5. Perused the pleadings and the documents on record. 13. 12. I have heard learned counsel for the petitioner, learned Government Pleader and the learned counsel appearing for respondents 2 to 5. Perused the pleadings and the documents on record. 13. When this writ petition was admitted to the files of this Court, an interim order was passed on 06.08.2015, directing the 1st respondent to ensure that no unauthorized construction is made by respondents 2 to 5 in the property in question. Even though the interim order was extended twice, the same was not extended thereafter, and consequently, the said interim order expired on 23.10.2015. 14. The fact discussion made above would make it clear that, the claim raised by the Panchayat against the property held by the Primary Health Centre is for the purpose of starting a Fire Force Unit within the Grama Panchayat. The Panchayat has taken a decision accordingly, and has made certain correspondences with the authorities of the Fire Department. However, the ownership of the property is disputed by the 1st respondent. It is an admitted fact that the property of the Primary Health Centre is belonging to the State Government. However, by virtue of the provisions of Sec.166(6) of the Kerala Panchayat Raj Act, 1994 [hereinafter called, 'the Act, 1994'], the Government shall, as soon as may be, after the commencement of Act, 1994, transfer all institutions, schemes, buildings and other properties, assets and liabilities connected with the matter referred to in the Third Schedule to the Village Panchayats, and every institution so transferred shall be in the name of the said Village Panchayat and shall be known accordingly. So much so, as per Sec.167 of the Act, 1994, the functions, institutions or works, as may be prescribed by the Government, the District Panchayat or Block Panchayat may transfer to the Village Panchayat, the management and maintenance of any institution etc. etc., and as per sub-section (2) thereunder, the Government may, in addition to the powers and functions mentioned in the provisions of Act, 1994, as exercisable by the Village Panchayat authorized by general or special order, subject to such rules and conditions as may be prescribed, carry on the activities of various Institutions including medical, public health, child welfare etc. etc. 15. etc. 15. Therefore, on a reading of Sections 166 and 167 of Act, 1994, it is quite clear that, what is transferred to the Panchayat is management and maintenance of such institutions and such institutions will remain in the name of the Panchayat. That apart, the Government of Kerala has made Rules with respect to acquisition and disposal of property within the jurisdiction of the Panchayat by introducing Kerala Panchayat Raj (Acquisition and Disposal of Property) Rules, 2005, wherein the Panchayat is vested with powers for the disposal of the property owned by it by sale, with the permission of the Government and the formalities contemplated thereunder. However, Rule 12 of the said Rules creates a clear prohibition against disposal of property transferred to the Panchayat by the State Government, which read thus: “12. The Panchayats not to dispose of property transferred to them by Government.--Notwithstanding anything contained in rule 8, the Panchayats shall not sell, transfer, alienate, create any encumbrance on, or otherwise dispose of, any property transferred to them by Government under sub section (6) of section 166 or sub-section (5) of section 172 or sub-section (5) of section 173 of the Act.” 16. Therefore, on an appreciation of the provisions of law, it is categoric and clear that, the Panchayat by itself has no power vested with it to transfer any property belonging to the Government. There is no dispute that the property in question is not acquired by the Panchayat, and further that, the property is belonging to the Government. Therefore, the Panchayat could not transfer the property in accordance with the provisions of the Act and the Rules discussed above, to the Fire Department. Anyhow, the attempt of the Panchayat was to start a Fire Force Unit within the Panchayat area. In fact, the Medical Officer had transferred only 3 cents of property to the Anganwadi for the construction of a shed, and that too, for a period of six months. 17. However, since there is a serious dispute existing by and between the parties, I think it is only appropriate that, in the best interest of the people in the Panchayat area and the nearby Panchayats, the issue is sorted out by the State Government. 17. However, since there is a serious dispute existing by and between the parties, I think it is only appropriate that, in the best interest of the people in the Panchayat area and the nearby Panchayats, the issue is sorted out by the State Government. The Principal Secretary, Local Self Government Department is suo motu impleaded as additional 6th respondent and there will be a direction to the additional 6th respondent to call for a meeting of the responsible officers of the Panchayat, the District Medical Officer and the officials of the Fire and Rescue Department within a month from the date of receipt of a copy of this judgment, and sort out the issue at the earliest, and at any rate, within two months thereafter. The writ petition is disposed of as above.