IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 5TH APRIL 2010 / 15TH CHAITHRA 1932 WP(C).No. 9856 of 2010(F) ------------------------- PETITIONER(S): --------------- P.L.SEBASTIAN, AGED 44, S/O.LUKKACHAN, POIKATHANIKKAL HOUSE, NARIAYAMPARA P.O., KATTAPPANA VILLAGE, UDUMPANCHOLA TALUK, IDUKKI DISTRICT. BY ADV. SRI.PRAVEEN K. JOY SRI.ADEEP ANWAR RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, MINISTRY OF LOCAL SELF GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. THE KATTAPPANA GRAMA PANCHAYAT, PANCHAYAT OFFICE, KATTAPPANA, REPRESENTED BY ITS SECRETARY. 3. THE PRESIDENT, KATTAPPANA GRAMA PANCHAYAT COMMITTEE, PANCHAYAT OFFICE, KATTAPPANA. 4. ANURAJ C.NAIR, KAROTTUTHAKIDIYIL, KOCHUTHOVALA P.O., KATTAPPANA, IDUKKI DISTRICT. ADV. SRI.M.P.ASHOK KUMAR FOR R4 SRI.K.K.CHANDRAN PILLAI FOR R2-R3 MS.K.R.DEEPA, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.9856/2010 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF RECEIPT DATED 24/03/2009 OF R2. P2 : COPY OF RECEIPT DATED 31/10/2009 OF R2. P3 : COPY OF RECEIPT DATED 30/12/2009 OF R2. P4 : COPY OF RECEIPT DATED 01/02/2010 OF R2. P5 : COPY OF NOTICE DATED 06/03/2010 PUBLISHED BY R2. P6 : COPY OF RECEIPT DATED 15/03/2010 FOR RS.30,000/- BEFORE R2. P7 : COPY OF RECEIPT DATED 15/03/2010 FOR RS.25,000/- BEFORE R2. P8 : COPY OF RECEIPT DATED 15/03/2010 FOR RS.50,000/- BEFORE R2. P9 : COPY OF APPLICATION TO CANCEL THE AUCTION PROCEEDINGS. P10 : COPY OF APPLICATION FOR RETURN OF ADVANCE MONEY ON 20/03/2010. P11 : COPY OF RE-NOTIFICATION DATED 16/03/2010 SO PUBLISHED ON 20/03/2010. RESPONDENT'S EXHIBITS R4(a) : COPY OF LETTER DATED 17/03/2010. R4(b) : COPY OF RECEIPT DATED 18/03/2010. R2(a) : COPY OF RESOLUTION NO.1(4) DATED 16/03/2010 OF THE PANCHAYAT COMMITTEE. R2(b) : COPY OF APPLICATION SUBMITTED BY R4 DATED 15/03/2010. R2(c) : COPY OF APPLICATION ALONG WITH TENDER CONDITIONS SUBMITTED BY R4. R2(d) : COPY OF QUOTATION SUBMITTED BY R4 DATED 15/03/2010. R2(e) : COPY OF SOLVENCY CERTIFICATE PRODUCED BY R4. R2(f) : COPY OF STAMP PAPER PRODUCED BY R4. R2(g) : COPY OF APPLICATION SUBMITTED BY BINU MATHEW DATED 15/03/2010. R2(h) : COPY OF APPLICATION SUBMITTED BY ALICE ULAHANNAN DATED 15/03/2010. R2(i) : COPY OF AUCTION DIARY RELATING TO MEAT STALL NO.1. //TRUE COPY// PA TO JUDGE. jg ANTONY DOMINIC, J. ------------------ WP(C) No.9856 of 2010 (F) -------------------------- Dated, this the 5th day of April, 2010 J U D G M E N T The petitioner was the licensee of meat stall No.1 of the market maintained by the 2nd respondent Panchayat. Ext.P5 is an auction cum tender notice published by the Panchayat scheduling auction of various stalls including meat stalls, on 16/03/2010. According to the petitioner, he wanted to participate in the auction being an existing licensee and had remitted the Earnest Money Deposit as well. It is also stated that there were three others who also had remitted Earnest Money Deposit. It is stated that when he reported at the auction hall, he was informed that the auction will be adjourned to a future date, and therefore he and two others left the venue of the action. Subsequently, when Ext.P11 re-auction notice was published, he came to know that meat stall No.1 was not included for re-auction. On enquiry, he came to know that tender submitted by the 4th respondent for meat stall No.1 was accepted by the Panchayat. According to the petitioner, since he and others WP(C) No.9856/2010 -2- were informed that the auction was adjourned, they left the venue of auction. It is stated that after adjourning the auction as above, the tender submitted by the 4th respondent was allegedly accepted by the Panchayat. It is stated that this action of the Panchayat is illegal. Thereupon, the petitioner submitted Ext.P9 representation to the Secretary of the Panchayat. No decision was taken on Ext.P9. It is in these circumstances, this writ petition has been filed challenging the acceptance of the tender from the 4th respondent in respect of meat stall No.1. 2. On the other hand, according to the Panchayat, various stalls were scheduled to be auctioned on 16/03/2010. It is stated that many of the stalls including meat stall No.1 were auctioned and were settled in favour of the successful bidders. The Panchayat also submits that although the petitioner and two others remitted their Earnest Money Deposits, they did not participate in the auction, and therefore can have no cause to complain. 3. The 4th respondent has also filed a counter affidavit supporting the Panchayat. It is contented that he has remitted the amount in terms of the tender conditions and has entered into an WP(C) No.9856/2010 -3- agreement with the Panchayat and also has started business. 4. The petitioner can succeed only if he is able to prove that the auction was adjourned on 16/03/2010, otherwise, the Panchayat cannot be faulted, if the tender submitted by the 4th respondent was accepted. While the petitioner asserts that auction was adjourned, the Panchayat denies this averment and also submits that various other stalls were also auctioned on 16/03/2010 itself. Apart from the averments in the petition regarding the adjournment of the auction, the petitioner has not produced anything to prove this contention. In such a situation this Court cannot accept the disputed plea of the petitioner that the auction was adjourned as contended by him. Once the story of adjournment of the auction is rejected, the Panchayat cannot be faulted for having accepted the tender submitted by the 4th respondent or for entering into an agreement with him or for delivering possession of the auctioned property to the 4th respondent. 5. Now that I have found that the grievance of the petitioner regarding postponement of the auction has no substance, WP(C) No.9856/2010 -4- I do not think that it is proper for this Court to direct consideration of Ext.P9 representation filed by the petitioner. In view of this, this writ petition is only to be dismissed and I do so. (ANTONY DOMINIC, JUDGE) jg