KANDAKADAVU PADASEKHARAM Vs. STATE OF KERALA

JUDGEMENT

(1.) THE earnest efforts to amicably settle the disputes in this case, relating to collective farming, in the sector of prawn breeding, have turned futile, necessitating the issuance of this judicial order whereby, at least, a good lot of the disputes would continue to remain undecided.

(2.) THE petitioner in W. P. (C) 35480/2005 is Sri John Christopher, a member of the Kandakkadavu Padasekharam, the petitioner in W. P. (C) 34741/2005.

(3.) THE Padasekharam is an expanse of 560 acres of which, 444 acres are paddy fields (Nilam ). The remaining, about 116 acres, consist of canals, boundary markings etc. Different individuals own the paddy fields. The ownership of about 65 acres of water canals and outer boundary is also with them. See the order dated 20-5-2005 issued by the Director of Fisheries (Ext. P-9 in W. P. (C) 34741/2005 ). Out of 65 acres, 48 acres of the water channels are first auctioned out every year, for prawn fishing. The right to fish from the paddy fields and the rest of the water channels is purchased by the contractor, on individual basis, after negotiating with the respective owners. Going by Ext. P-9 order, Sri John Christopher, who owns 8. 79 acres in the Padasekharam, had not granted consent to the contractor for prawn fishing from that property.