IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 26TH MARCH 2010 / 5TH CHAITHRA 1932 WP(C).No. 10523 of 2010(M) -------------------------- PETITIONER(S): --------------- K.C. KESAVAN, AGED 54 YEARS, S/O. CHAMI, KUNNANGAD HOUSE, POOLAPPARAMBU, ETHANNUR, PALAKKAD DISTRICT. BY ADV. SRI.P.VIJAYA BHANU SRI.V.A.JOHNSON (VARIKKAPPALLIL) RESPONDENT(S): --------------- KODOVAYORO GRAMA PANCHAYATH, CHITTUR TALUK, PALAKKAD REP. BY ITS SECRETARY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON ON 26/03/2010, THE COURT ON THE SAMD DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.10523 OF 2010 (L) -------------------------------------------------- Dated this the 26th day of March, 2010 J U D G M E N T Petitioner states that he has engaged in fish farming in a pond called Ethannur Perumkulam owned by the respondent Panchayat. Although the licence period was for 3 years, for the last 10 years, he has been getting the licence extended without any auction, on paying enhanced licence fee. 2. Petitioner submits that, in anticipation of getting the licence period extended for 2010-2011, he made huge investments. However, the Panchayat had chosen to proceed with auction and the auction has been settled in favour of the 3rd respondent. It is stated that if the petitioner is to vacate at this stage, huge loss will be caused and therefore the Panchayat should continue the previous practice of extending the licence period at least on one more occasion. 3. This essentially is a matter for the Panchayat to consider and therefore it is only appropriate that the Secretary should consider Ext.P5 representation filed by the petitioner. If necessary the same shall also be placed before the Committee of the WPC.No. 10523/2010 :2 : Panchayat, so that the Committee can take a final decision in the matter. Petitioner submits that as at present, the Committee has not confirmed the auction. If that be so, it is directed that a decision on Ext.P5 should be taken, at least simultaneously with the request for confirmation of the auction. Petitioner may produce a copy of this judgment along with a copy of this writ petition before the first respondent for compliance. (ANTONY DOMINIC) JUDGE vi/