IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 23RD JANUARY 2009 / 3RD MAGHA 1930 WP(C).No. 32138 of 2008(A) -------------------------------------- PETITIONER(S): ------------------- MADANA MOHANAN NAIR AGED 46 YEARS, S/O. RAMAN NAIR, VENGATTUMATTOM, ALANADU, MEENACHIL TALUK. BY ADV. SRI.P.B.SAHASRANAMAN SRI.K.JAGADEESH SRI.T.S.HARIKUMAR RESPONDENT(S): ---------------------- 1. THE DISTRICT COLLECTOR, COLLECTORATE KOTTAYAM. 2. THE REVENUE DIVISIONAL OFFICER, MINI CIVIL STATION, KOTTAYAM. 3. THE PRESIDENT, ETTUMANOOR GRAMA PANCHAYAT, ETTUMANOOR. ADDL.R4. P.J.KURIAN, AGED 60 YEARS, S/O.LATE JOSEPH, MANAGING PARTNER,PALAKUNNEL TOURIST HOME, ETTUMANOOR, KOTTAYAM DT. (ADDL.R4 IS IMPLEADED AS PER ORDER IN IA 14290/08 DT 18.11.2008) ADV. SRI.S.RADHAKRISHNAN FOR R3 SRI.M.G.KARTHIKEYAN FOR ADDL.R GOVERNMENT PLEADER SRI.P.N.SANTHOSH FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ============== W.P.(C) NO. 32138 OF 2008 (A) ==================== Dated this the 23rd day of January, 2009 J U D G M E N T Exts.P2 and P3 are under challenge. 2. Petitioner had bid an auction for an Anjili tree which was held on 20/10/2008. He was the highest bidder and he deposited Rs.40,250/- being the full bid value. 3. However,the District Collector by Ext.P2 ordered to re auction the timber and Ext.P3 re auction notice was issued. It was challenging Exts. P2 and P3, the petitioner approached this Court. 4. Following the orders that were passed, a second auction was held and the value fetched was only Rs.70,500/-. Again the authorities decided to conduct a third auction and pursuant to the orders that were obtained from this Court, in the 3rd auction that was held on 15/1/2009, the highest bid received is of Rs.1,66,799/-. 5. Obviously the value now fetched is far in excess of the earlier bids that were received and therefore in pubic interest, the respondents should be permitted to accept the highest bid that is now available. WPC 32138/08 :2 : 6. Therefore, the following directions are issued in this writ petition. (1) The respondents will be free to accept the highest bid that is received for Rs.1,66,799 and the bidder shall be permitted to remove the timber subject to the usual terms. (2) The amount deposited by the petitioner along with the cutting expenses of Rs.13,600/- quantified and indicated in the report dated 17/1/2009 submitted by the 2nd respondent shall be reimbursed to him. 3. Petitioner has a claim that he has incurred additional expenditure. If he has such a claim, it is up to him to pursue the matter before the appropriate authorities. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp