NAYARAMBALAM GRAMA PANCHAYAT Vs. KUTHRATHODU NELLULPADAKA KARSHAKA SANGHAM

JUDGEMENT

(1.) This writ appeal has been filed by the Nayarambalam Grama Panchayath against the judgment dated 07.11.2014 in W.P.(C) No. 25885 of 2014 by which judgment the writ petition filed by the respondent has been allowed.

(2.) The petitioner had filed the writ petition challenging the auction notice dated 26.10.2013 issued by the Grama Panchayat for auction of right of fishing in Kuthrathode. Petitioner had made an application for grant of lease which was rejected by the Panchayat. The brief facts of the case as emerged from the pleading of the parties are :

(3.) The Grama Panchayat passed a resolution on 04.12.2008 for area wise lease rent which was forwarded by the Secretary to the Local Self Government Institution for its approval. The petitioner and certain other persons filed W.P.(C) No. 30357 of 2011 which was disposed of by this Court by 19.06.2012 directing the State Government to take a decision on the Resolution of the Panchayat. The State Government issued Ext.P4 order by which the Resolution of Grama Panchayat to recover the lease amount on the basis of lease area was approved and the earlier procedure of 5% enhancement in the lease amount was dispensed with. The Government issued the order on 09.10.2012. The Panchayat informed the Secretary of the petitioner Society that as per the decision of the Standing Committee, sluices of Kuthrathode belonging to Grama Panchayat should not be opened without permission of the Panchayat. The Secretary of the Society filed W.P.(C) No. 26137 of 2012, objecting to the decision dated 30.10.2012 of Panchayat in which writ petition this Court directed the Panchayat to remove the sluice only after getting order of the Court.