Majeed K. K. , S/o. Kunju Muhammed v. Vengola Grama Panchayat
2025-09-11
N.NAGARESH
body2025
DigiLaw.ai
JUDGMENT : N.NAGARESH, J. All these writ petitions relate to construction/relocation of Homeopathy Dispensary in Vengola Panchayat. 2. The petitioner in W.P.(C) No.18477/2025 is a Ward Member of Vengola Grama Panchayat. The petitioner submits that a Homeopathy Dispensary is working in Ward No.2, in the second floor of the Panchayat Shopping Complex. The location of the Dispensary poses significant challenges for elderly individuals and patients as they struggled to climb the stairs with their physical limitations and health conditions. About 200 patients are visiting the Homeopathy Dispensary every day, on an average. The petitioner offered to donate his own land for construction of a new and easily accessible Homeopathy Dispensary. 3. A meeting of Grama Panchayat was held on 15.03.2023. The Panchayat unanimously decided to take over 6 Cents of land offered by the petitioner in order to construct Homeopathy Dispensary. The Panchayat informed the 5 th respondent-DMO that it has no objection in relocating the Dispensary. The 5 th respondent required the 7 th respondent-Secretary to the Panchayat to furnish necessary documents. The petitioner thereupon signed Ext.P4 Gift Deed in favour of the Panchayat. The 3 rd respondent-Chief Engineer, National Ayush Mission informed that Homeopathy Dispensary, Vengola has been approved in the State Annual Action Plan of the Ayush Mission for the year 2024-2025. 4. At this stage, certain persons submitted a complaint against the relocation of Homeo Dispensary. Thereafter, the draft plan of the building proposed to be constructed was not approved. On 15.02.2025, the Panchayat Committee decided to cancel its earlier decision to establish the Dispensary in the gifted land. By Ext.P9 decision, the Panchayat decided to discuss the issue in the next Committee meeting. No decision has been taken so far. The petitioner therefore seeks to direct the 8 th respondent- Hospital Management Committee to approve the DPR and to direct the respondents to complete construction of Homeopathy Dispensary building in the gifted land in a time bound manner. 5. The petitioners in W.P.(C) No.17119/2025 are residents of Vengola Grama Panchayat. The petitioners state that the proposal is to relocate the Homeopathy Dispensary to a remote place and the proposed location has only a 3 metre wide Panchayat Road. Vehicular access to the proposed area is limited. If the Homeopathy Dispensary is relocated as proposed, it would result in irreparable hardship to the petitioners and other citizens of the Panchayat.
The petitioners state that the proposal is to relocate the Homeopathy Dispensary to a remote place and the proposed location has only a 3 metre wide Panchayat Road. Vehicular access to the proposed area is limited. If the Homeopathy Dispensary is relocated as proposed, it would result in irreparable hardship to the petitioners and other citizens of the Panchayat. The petitioners therefore seek to command the respondents not to relocate the Homeopathy Dispensary to the proposed area. 6. The petitioners in W.P.(C) No.29164/2025 are residents of Ward No.2 of Vengola Panchayat. The petitioners support construction of new Homeopathy Dispensary in the land gifted by the petitioner in W.P.(C) No.18477/2025. 7. The 6 th respondent-Vengola Grama Panchayat resisted the writ petition. The 6 th respondent submitted that though the Panchayat had earlier decided to shift the location of the Homeopathy Dispensary, many citizens made complaints against the shifting of the Dispensary as the proposed location is not convenient to the general public. The Panchayat conducted hearings in the matter and concluded that the complaints made by the public are genuine. Therefore, the Panchayat decided to cancel the earlier resolution to shift the Homeopathy Dispensary. 8. I have heard the learned counsel for the petitioners in the three writ petitions, the learned Government Pleader representing the State of Kerala, the learned Standing Counsel representing the Grama Panchayat and the learned counsel appearing for the additional 7 th respondent in W.P.(C) No.29164/2025 and the additional 9 th respondent in W.P.(C) No.18477/2025. 9. The petitioners in W.P.(C) No.18477/2025 and W.P.(C) No.29164/2025 want to implement the earlier decision of the Vengola Grama Panchayat Committee to shift the Homeopathy Dispensary functioning in the Panchayat to another location. The petitioners in W.P.(C) No.17119/2025 would oppose the decision to relocate the Homeopathy Dispensary. 10. The Homeopathy Dispensary is now functioning in the second floor of the Panchayat Shopping Complex. Upto 200 patients are visiting the Dispensary every day. The petitioner in W.P.(C) No.18477/2025, who is the Ward Member of Ward No.2 came forward to donate his own land at another place for construction of a new / easily accessible Homeopathy Dispensary. The petitioner submitted a letter dated 21.02.2023 to the Secretary to the Panchayat offering to gift 6 Cents of land for this purpose. 11.
The petitioner in W.P.(C) No.18477/2025, who is the Ward Member of Ward No.2 came forward to donate his own land at another place for construction of a new / easily accessible Homeopathy Dispensary. The petitioner submitted a letter dated 21.02.2023 to the Secretary to the Panchayat offering to gift 6 Cents of land for this purpose. 11. The Grama Panchayat took decision No.18(42) on 15.03.2023 to take over 6 Cents of land donated by the petitioner in W.P.(C) No.18477/2025 for construction of Homeopathy Dispensary. While steps were being taken for implementing the decision of the Panchayat Committee, it appears that certain citizens in the Panchayat raised objection to the shifting of the Homeopathy Dispensary. The objection was to the effect that the proposed new location is not convenient to the general public of the Panchayat at large. 12. The documents produced by the parties would show that the Panchayat conducted further hearings in the matter and came to the conclusion that there is substance in the objections raised by the citizens against relocation of the Homeopathy Dispensary. Therefore, the Panchayat cancelled the earlier resolution. 13. Whether to retain a Homeopathy Dispensary at the existing location and whether it is to be shifted to another place is a policy matter to be taken by the Panchayat taking note of various aspects affecting the issue, including the convenience of the general public. Though the Panchayat Committee had earlier taken a decision to relocate the Homeopathy Dispensary to another place, in a land gifted for construction of the Dispensary, taking into consideration the public demand, the Committee by a majority decision has dropped the proposal for relocation of the Dispensary. 14. Though the petitioner has relied on the judgment of this Court in Valanchery Grama Panchayat v. State of Kerala and another [ 2010 (1) KHC 875 ] for impugning the decision dropping the proposal for relocating the Dispensary, I am of the view that no interference is necessary in the matter under Article 226 of the Constitution of India . The Panchayat has taken the decision to drop the earlier proposal for relocation, taking note of the objections raised by the citizens and taking into consideration the larger public interest.
The Panchayat has taken the decision to drop the earlier proposal for relocation, taking note of the objections raised by the citizens and taking into consideration the larger public interest. The whole purpose of democratically elected Government at the grass root level itself is an indication to the legislative policy of enabling decision making on the basis of ground realities, as held by this Court in Mohamedali K. v. State of Kerala [2023 KHC OnLine 9287] In the circumstances, W.P.(C) No.18477/2025 and W.P.(C) No.29164/2025 are dismissed. W.P.(C) No.17119/2025 is also dismissed as infructuous as the Panchayat has already taken a decision not to relocate the Homeopathy Dispensary.