ASHOK BHUSHAN, J.

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 :

The Kuthrathode having an extent of 2.32 Acres vests in Nayarambalam Grama Panchayat. The petitioner is a registered Paddy Growers’ Agricultural Society. The petitioner Society was given fishing right in the Kuthrathode from 10.11.1998 to 15.04.1999. The President of the petitioner Society submitted a representation claiming lease of fishing right. O.P. No.24256 of 2002 was also filed by the President of the Society before this Court and this Court directed the Government to consider the representations of the petitioner society dated 14.08.2002 claiming right to lease out the Kuthrathode. The State Government proceeded to consider the representation submitted by the petitioner Society. At the time of hearing, the Secretary of the Panchayat appeared and stated that lease of Kuthrathode has been granted to petitioner Society. Noticing the aforesaid statement, the Government did not proceed to consider the matter any further and the matter was dropped vide order dated 15.05.2003.

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.

4. On 28.10.2013 the petitioner submitted an application for leasing out Kuthrathode for prawn culture. The Panchayat had already issued an auction notice dated 26.10.2013 for leasing out Kuthrathode by public auction scheduled for 04.11.2013. Auction notice contained the terms and conditions. The Panchayat has informed the Secretary of the petitioner Society by letter dated 30.10.2013 that the Panchayat having already taken a decision on 26.10.2013 to hold public auction on 04.11.2013, the application of the petitioner for grant of lease cannot be considered. The petitioner filed the present writ petition challenging Ext.P7 i.e. auction notice dated 26.10.2013 and Ext.P8 i.e. letter dated 30.10.2013 by which the petitioner was informed that their application for lease cannot be accepted. The petitioner further prayed for a mandamus directing the respondents to lease out the Kuthrathode in terms of Exts.P3 and P4.

5. A counter affidavit has been filed by the Panchayat stating that Kuthrathode belongs to the Panchayat and the mere fact that it was leased out to the petitioner on some earlier years, that will not clothe the petitioner with any right to claim lease of Kuthratho