KUTHRATHODU NELLULPADAKA KARSHAKA SANGHAM Vs. NAYARAMBALAM GRAMA PANCHAYATH

JUDGEMENT

(1.) Exts.P7, P8, P14 and P16 are under challenge in this writ petition.

(2.) The petitioner alleges that from the year 1975 onwards, the members of the petitioner society, which is a farmers society, are utilising puramboke land by name 'Kuthrathodu' having an extent of 2 acres and 32 cents vested with the respondent panchayat. According to them, the aforesaid canal is adjacent to the paddy fields of the members of the petitioner society. The petitioner further alleges that by Ext.P3 Government order dated 15.5.2003, the Government approved the right of the members of the society to get lease of the aforesaid canal for aqua culture. When the respondent insisted 5% increase pere annum as lease amount for using the aforesaid thodu ignoring its own Resolution No.16 dated 4.12.2008 for proportionate area wise lease rate, the petitioner approached this Court with W.P(C) No.30357 of 2011. Consequently, the Local Self Department of the State sanctioned proportionate area wise lease rate instead of yearly 5% enhancement by Ext.P4 order.

(3.) The petitioner further alleged that by Ext.P5 dated 30.10.2012, the respondent panchayat prohibited operation of sluice belonging to the petitioner fixed at the southern end of the aforesaid canal and by Ext.P6 order, this Court directed the respondent not to remove the sluice until further orders. The petitioner further alleges that ignoring Government orders and orders of this Court, the respondent published Ext.P7 notice putting auction of right to purchase fish from Kuthrathode on 4.11.2013. The petitioner applied for lease of the said canal for aqua culture on 28.10.2013 as usual. However, by Ext.P8 dated 30.10.2013, the respondent rejected the application under the disguise of Ext.P7.