1. The learned single judge has declared that the right of the Panchayat to auction out the privilege to catch fish will not extend to the area connected with the sluices of area or areas adjacent to the land appertaining to the five sluices described in the Original Petition. The appellant, which is the Panchayat, feeling aggrieved by the said declaration has filed this appeal as it obviously affects its rights to auction fishing rights in the said area. The contention of the learned counsel for the appellant is that the view taken by the learned single judge that the proviso to S.82(1) of the Kerala Panchayats Act is attracted to the sluices and the areas nearby and that therefore the same does not vest in the Panchayat is not correct. S.82 (1) and the proviso, which are relevant for the purpose of this case, may be extracted as follows:

"82. Vesting of water course, springs, reservoirs, etc. in Panchayats.-(1) All public water courses (other than rivers passing through more areas, than the Panchayat area which the Government may, by notification in the gazette, specify), springs, reservoirs, tanks, cisterns, fountains, wells, kappus, chals, standpipes and other water