Kalatharachira Padasekharam vs Chellanam Grama Panchayath
2021 Latest Caselaw 18689 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
            THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 9TH DAY OF SEPTEMBER 2021 18TH BHADRA, 1943
                  WP(C) NO. 14167 OF 2020
PETITIONER:
         KALATHARACHIRA PADASEKHARAM,
         REG.NO.ER-68/85, KANNAMALI P.O.,
         KOCHI-682008,
         REPRESENTED BY ITS PRESIDENT SRI.P.M. JOSEPH.
          BY ADVS.
          SRI.K.T.THOMAS
          SRI.MATHEW B. KURIAN
          SRI.NIKHIL BERNY


RESPONDENTS:
    1    CHELLANAM GRAMA PANCHAYATH,
         ANDIKKADAVU P.O., PIN-682008,
         ERNAKULAM DISTRICT,
         REPRESENTED BY ITS SECRETARY.
    2     THE SECRETARY,
          CHELLANAM GRAMA PANCHAYATH,
          ANDIKKADAVU P.O., PIN-682008,
          ERNAKULAM DISTRICT.
    3     THE PANCHAYAT COMMITTEE,
          CHELLANAM GRAMA PANCHAYAT,
          ANDIKKADAVU P.O., PIN-682008,
          ERNAKULAM DISTRICT,
          REPRESENTED BY ITS PRESIDENT.
    4     JOHNSON,
          EZHUTHAIKKAL HOUSE, KANNAMALI, KOCHI-682008.
 ADDL.5   THE DISTRICT COLLECTOR,
          ERNAKULAM.

          ADDL.R5 IS SUO MOTU IMPLEADED AS PER ORDER
          DATED 17/12/2020 IN WP(C) 14167/2020
          BY ADVS.
          R1-3 SRI.DINESH R.SHENOY
          SRI.EBIN MATHEW
          SRI.P.ROHIT PREMANANDAN SHENOY
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 09.09.2021, ALONG WITH WP(C).26631/2020, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) Nos.14167 & 26631/2020
                                 :2 :



          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
             THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 9TH DAY OF SEPTEMBER 2021/18TH BHADRA, 1943
                     WP(C) NO. 26631 OF 2020
PETITIONERS:

     1     P.F.STANLEY,
           AGED 56 YEARS,
           S/O. PEBIANOS, POLLAYIL HOUSE,
           KAITHAVELI,
           KANNAMALI P.O., KOCHI-8.
     2     V.J.PAUL,
           AGED 54 YEARS,
           S/O. JOSEPH, VACHAKKAL HOUSE,
           MANASSERY, MUNDAMVELI, KOCHI-7.
           BY ADVS.
           SRI.S.SHANAVAS KHAN
           SMT.S.INDU


RESPONDENTS:

     1     THE CHELLANAM GRAMA PANCHAYAT,
           ANDIKKADAVU P.O.,
           ERNAKULAM DISTRICT-682 008
           REPRESENTED BY ITS SECRETARY.
     2     THE SECRETARY,
           CHELLANAM GRAMA PANCHAYAT,
           ANDIKKADAVU P.O.,
           ERNAKULAM DISTRICT-682008.
     3     JOHNSON,
           EZHUTHAIKKAL HOUSE, KANNAMALI,
           KOCHI-682 008.
     4     THE KALATHARACHIRA PADASEKHARAM ,
           REG.NO.ER-68/85,
           KANNAMALI P.O., KOCHI-682 008
           REPRESENTED BY ITS PRESIDENT,
           SRI.P.M.JOSEPH.
 WP(C) Nos.14167 & 26631/2020
                               :3 :




           BY ADVS.
           R1-2 SRI.DINESH R.SHENOY
           SRI.K.T.THOMAS
           R1-2 SRI.EBIN MATHEW
           R1-2 SRI.P.ROHIT PREMANANDAN SHENOY


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 09.09.2021, ALONG WITH WP(C).14167/2020, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) Nos.14167 & 26631/2020
                                :4 :




                           JUDGMENT

Dated this the 9th day of September, 2021

W.P.(C) No.14167 of 2020 has been filed by a

Kalatharachira Padasekharam seeking to declare that the 1 st

respondent-Grama Panchayat is bound to conduct auction for

carrying on prawn filtration/fish farming in the Kalatharachira

Padasekharam and Kalathara Chal jointly as per the direction

in Ext.P4 judgment. Certain other reliefs are also sought for.

2. In W.P.(C) No.26631 of 2020, the writ petitioner

seeks to direct the respondents 1and 2 to proceed with

Ext.P6 auction notice forthwith in accordance with Ext.P2

judgment of a Division Bench of this Court.

3. As far as W.P.(C) No.26631 of 2020 is concerned

the relief sought is to pursue with Ext.P6 auction notice.

Ext.P6 auction notice is for the period from 01.11.2020 to

31.03.2021. As on date, the contemplated period is over. WP(C) Nos.14167 & 26631/2020

Therefore, obviously Ext.P6 auction notice cannot be

prosecuted. The learned counsel for the Panchayat would

submit that they will be floating fresh auction notice for the

ensuing period. Recording the submission, W.P.(C) No.26631

of 2020 is closed.

4. As far as W.P.(C) No.14167 of 2020 is concerned,

the learned counsel for the petitioner would urge that as per

Ext.P4 Division Bench judgment, the Panchayat is bound to

auction the entire Padasekaram and the Chal agreeing for a

sharing of revenue in the ration 30:70. Therefore, the

Panchayat should be directed to auction adhering to Ext.P4

Division Bench judgment. The learned Standing Counsel

appearing for the Panchayat would submit that there are

subsequent Government Orders Exts.R1(a) and R1(b) which

also regulate the auctioning process of Padasekharam and

the Panchayat will have to follow those Government Orders

also.

In the circumstances, the writ petition is disposed

of directing the Panchayat to conduct auction following Ext.P4 WP(C) Nos.14167 & 26631/2020

judgment and also taking into consideration subsequent

Government Orders including Ext.R1(a) and R1(b). As the

auction period normally starts from 01.11.2021, the Panchayat

shall take expeditious steps for auctioning.

Sd/-

N. NAGARESH JUDGE SR WP(C) Nos.14167 & 26631/2020

APPENDIX OF WP(C) 14167/2020

PETITIONER'S EXHIBITS EXHIBIT P1 TRUE COPY OF THE ROUGH SKETCH OF THE KALATHARACHIRA PADASEKHARAM AND KALATHARA CHAL.

EXHIBIT P2 TRUE COPY OF JUDGMENT DATED 07.04.2006 IN WP(C) NOS 9955/2006 AND 10720/2006. EXHIBIT P3 TRUE COPY OF JUDGMENT DATED 16.09.2009 IN WP(C) NO.8863/2007.

EXHIBIT P4 TRUE COPY OF JUDGMENT DATED 17.02.2011 IN WRIT APPEAL NO.2782/2009.

EXHIBIT P5 TRUE COPY OF THE AUCTION NOTICE DATED 11.02.2020 ISSUED BY PANCHAYAT. EXHIBIT P6 TRUE COPY OF THE NOTICE DATED 27.03.2020 ISSUED BY PANCHAYATH. EXHIBIT P7 TRUE COPY OF DECISION ON.2/1 DATED 27.04.2020 OF PANCHAYAT COMMITTEE, CHELLANAM GRAMA PANCHAYATH.

EXHIBIT P8 TRUE COPY OF THE REPRESENTATION DATED 28.05.2020 SUBMITTED BY PETITIONER. EXHIBIT P9 TRUE COPY OF THE NOTICE DATED 08.10.2020 ISSUED BY CHELLANAM GRAMA PANCHAYAT IN DESABHIMANI DAILY DATED 13.10.2020.

RESPONDENTS' EXHIBITS EXHIBIT R1 A TRUE PHOTOCOPY OF ORDER DATED 11/3/2019 ISSUED BY DISTRICT COLLECTOR, ERNAKULAM EXHIBIT R1 B TRUE PHOTOCOPY OF ORDER DATED 28/2/2020 ISSUED BY THE DISTRICT COLLECTOR ERNAKULAM WP(C) Nos.14167 & 26631/2020

APPENDIX OF WP(C) 26631/2020

PETITIONERS' EXHIBITS EXHIBIT P1 TRUE COPY OF THE JUDGMENT DATED 16.9.2009 IN WPC NO.8863/2007 OF THIS HON'BLE COURT.

EXHIBIT P2 TRUE COPY OF THE JUDGMENT DATED 17.2.2011 IN WRIT APPEAL NO.2782/2009 OF THIS HON'BLE COURT.

EXHIBIT P3 TRUE COPY OF THE AUCTION NOTIFICATION DATED 11.2.2020.

EXHIBIT P4 TRUE COPY OF THE QUOTATION NOTICE NO.A3-816/20 DATED 8.10.2020.

EXHIBIT P5 TRUE COPY OF THE INTERIM ORDER DATED 20.10.2020 IN I.A.NO.1/2020 IN WPC NO.14167/2020 OF THIS HON'BLE COURT. EXHIBIT P6 TRUE COPY OF THE REVISED QUOTATION NOTICE DATED 16.10.2020.