The plaintiffs came up with this appeal against

the concurrent finding rendered by both the courts

below.

2. It is a suit for a prohibitory and mandatory

injunction against the statutory authority

constituted under the Kerala Panchayat Raj Act, the

Aroor Grama Panchayat. The mandatory injunction

sought against the Panchayat not to levy any amount

or any charges for utilization of the plaint

schedule padashekharam and streams attached to it

for cultivation of prawn and other fish and also

prohibiting the defendant Panchayat from taking any

action which would disturb the plaintiffs

possession and cultivation of the plaint schedule

padasekharam and thodu. Admittedly, the plaintiff

is not the owner of any of the padasekharam. There

is a mis-jointer of cause of action and subject

matter involved in the suit. When the matter came

up for consideration, it was submitted by the

learned counsel for the appellants that their

grievance is with respect to the water stream

wherein the Panchayat is imposing charges for

cultivation of prawn. As per the provisions

contained in the Kerala Panchayat Raj Act, all

public streams and roads etc. vested