Petitioner is Kalatharachira Padasekharam.

2. In this writ petition, prayers sought by the petitioner are to declare that the 1st respondent Panchayat has no manner of authority over the sluice at the Kalatharachira Kochuchira Bund and that the said Panchayat has no authority to auction the right of prawn farming/fishing at the said minor irrigation sluice by virtue of the provision contained in Section 218 of the Kerala Panchayat Raj Act, 1994 (hereinafter referred to as Act for short). A further direction to the 1st respondent to refrain itself from taking any steps to auction or grant the right of prawn filtration, farming and fishing at the sluice situated in the Kalatharachira Kochuchira Bund and to refrain from demanding any amounts from the petitioner or its members towards prawn farming/fishing is also sought for.

3. Petitioner is a registered society with a membership of 282 small farmers together owning about 200 acres of paddy field consisting of the padasekharam. Petitioner states that inspite of the fact that the members of the padasekharam alone have ownership over the aforesaid 200 acres, the Panchayat is attempting to auction the rights of prawn farming/fishing in the padasekharam including at the sluice and that the Panchayat has no manner of right to do the same. According to the petitioner, said unauthorised exercise of power by the Panchayat is on the basis that the water courses, springs, reservoirs etc., have been vested in the Village Panchayat in terms of the provisions contained in Section 218 of the Kerala Panchayat Raj Act. Thus, the basic premise on which the petitioner has filed this petition is that the entire area consisting of the padaksekharam belongs to its members and that the Panchayat has right whatsoever, over the said area and also at the sluice, which is a work of irrigation, excluded from vesting in view of the proviso to Section 218 of the Act.

4. On the other hand, according to the Panchayat, it is not tresspassing into the areas of the padasekharam owned by the petitioner or its members. According to the Panchayat, a substantial and important portion of the padasekharam is puramboke land vested in it and that the amount collected by the Panchayat is for farming out the right for prawn farming/fishing in the aforesaid area, which is vested in it. In fact, when this ownership claim was raised by the Panchayat, this Court directed the additional 5th respondent to inspect the site in question with the assistance of Taluk Surveyor and Village staff, verify the records and file a report. Accordingly, affidavit dated 7th February, 2008 has been filed, paragraph 3 of which, being relevant, reads as under:

"It is submitted that on the basis of the direction of this Hon'ble Court issued on 7.1.2008 this respondent with the help of Taluk Surveyor and Palluruthy Village staff, inspected the site in question and verified the records. As per the village records the Panchayat owned an extent of 15.97.500 acres of land in Kalatharachira Padasekharam as Puramboke Thodue. According to the Panchayath Raj Act the Puramboke Thodu is vested with the Panchayath. It is true that the Padasekharam consist of several land owners and the said Padasekharam consist of about 197 acres of paddy fields. These fields are situated on either side of a watercourse known as the Kalathra Chal (Thodu). The said Thodu and the Thodu puramboke are vested with the Panchayath. Regarding the sluice there are 2 sluices in Kalatharachira padasekharam. The sluice on the southern side that is near to the Indira Gandhi road is completely vested with the Panchayath. Eventhough a small portion of the sluice situated on the north eastern side belongs in a Patta land, the major portion of the same is situated in Puramboke which is vested with the Panchayath. In this connection a report from the Village Officer is also produced herewith and marked as Ext.R5 (a) and which will show that 15.97.500 acres of land in the Padasekharam