IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 28TH NOVEMBER 2008 / 7TH AGRAHAYANA 1930 WP(C).No. 35203 of 2008(N) -------------------------- PETITIONER(S): --------------- 1. AMMINI JOY, PEEDIKAYIL VEEDU KADAKKAD, PANDALAM PO. PATHANAMTHITTA. 2. C.K.DANIEL, PADINJARE KALEECKAL MANGARAM, PANDALAM. 3. K.HARIKUMAR, PARICKENTHUNDIL PADIYATTETHIL, MANGARAM, PANDALAM. 4. C.D.PONNACHAN, CHAKKALAKIZHAKKETHIL MUDIYOORKONAM, PANDALAM. BY ADV. SRI.K.R.RADHAKRISHNAN NAIR RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY ITS SRECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM. 2. PANDALAM GRAMA PANCHAYAT, REP. BY ITS SECRETARY, PANDALAM GRAMA PANCHAYAT, PANCHAYATH. GOVT PLEADER SHRI.K.V.MANOJ KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/11/2008, A/W. W.P.C.NO.35211/2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P(C).Nos.35203 & 35211 of 2008 ================== Dated this the 28th day of November, 2008 J U D G M E N T The petitioners claim that they have been conducting petty shops in the public market belonging to the 2nd respondent- Panchayat. According to them, on the premises that on reconstruction of the stalls, the petitioners would be suitably accommodated in the reconstructed stalls, they were evicted from the stalls. However, to their dismay, after the reconstruction, the Panchayat has now decided to auction the stalls. Since in the earlier auction there were no bidders for all the stalls and some of the bidders did not execute agreements, the Panchayat issued a re-auction notice, Ext.P5. The auction is slated to be conducted on 29.11.2008. The petitioners' contention is that this is in violation of the alleged promise the Panchayat has given to the petitioners who were occupants of the demolished stalls. The petitioners submit that although they have a right to approach the Government under Section 191 of the Kerala Panchayat Raj Act, if in the meanwhile, the auction takes place, that would prejudice their further rights. In the above circumstances, w.p.c.35203/08 & cc 2 the petitioners submit that the auction may be stayed pending the petitions to be filed by the petitioners under Section 191 of the Kerala Panchayat Raj Act. I am of the opinion that the right of the petitioner would be sufficiently safeguarded, if the auction to be conducted is made subject to the orders that the Government may pass on the petitions to be filed by the petitioners under Section 191 of the Kerala Panchayat Raj Act. Ordered accordingly. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge w.p.c.35203/08 & cc 3