IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 4TH JULY 2008 / 13TH ASHADHA 1930 WP(C).No. 30880 of 2006(A) -------------------------------------- PETITIONER: ------------------- K.P.SHAMSUDEEN, S/O.PAREED RAVUTHAR, CHAMAVILA VADAKETHIL, COMPALADI P.O., PORUVAZHI, KOLLAM DISTRICT. BY ADV. SRI.M.K.CHANDRA MOHANDAS RESPONDENTS: ---------------------- 1. THE EZHAMKULAM GRAMA PANCHAYAT, REPRESENTED BY THE SECRETARY, EZHAMKULAM, PATHANAMTHITTA DISTRICT. 2. THE SECRETARY, EZHAMKULAM GRAMA PANCHAYATH, PATHANAMTHITTA DISTRICT. ADV. SRI. K.SHAJ FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.30880/2006 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE AUCTION NOTIFICATION DT. 15.2.2006 ISSUED BY THE IST RESPONDENT. EXT.P2:- COPY OF THE RE-AUCTION NOTIFICATION DT. 6.3.06 ISSUED BY THE IST RESPONDENT. EXT.P3:- COPY OF THE AUCTION DIARY DT. 17.3.2006 PREPARED BY THE IST RESPONDENT. EXT.P4:- COPY OF THE RECEIPT DT. 17.3.2006 FOR AN AMOUNT OF RS. 150000/- PAID BY THE PETITIONER. EXT.P5:- COPY OF THE NOTICE DT. 1.4.2006 ISSUED BY THE IST RESPONDENT TO THE PETITIONER. EXT.P6:- COPY OF THE RECEIPT DT. 3.5.06 FOR AN AMOUNT OF RS. 1422/0 PAID BY THE PETITIONER. EXT.P7:- COPY OF THE RECEIPT DT. 3.5.06 FOR AN AMOUNT OF RS. 153198/- PAID BY THE PETITIONER. EXT.P8:- COPY OF THE LEDGER MAINTAINED BY THE VENDOR SHOWING THE PURCHASE OF STAMP PAPER. RESPONDENT'S EXHIBITS EXT.R1:- COPY OF THE NOTICE DT. 29.7.06 ISSUED BY THE FIRST RESPONDENT PANCHAYAT TO THE PETITIONER. EXT.R2:- COPY OF THE COVER OF THE UNCLAIMED LETTER CONTAINING EXHIBIT P8 NOTICE ISSUED TO THE PETITIKONER BY THE FIRST RESPONDENT PANCHAYAT. EXT.R3:- COPY OF THE NOTICE DT. 9.10.2006 ISSUED BY THE FIRST RESPONDENT PANCHAYAT TO THE PETITIONER. EXT.R4:- COPY OF THE PETITION DT. 17.10.06 SUBMITTED BEFORE THE C.I. OF POLICE ADOOR BY THE RESPONDENTS. EXT.R5:- COPY OF THE PETITION DT. 18.10.2006 SUBMITTED BEFORE THE C.I. OF POLICE ADOOR BY THE RESPONDENTS FOR POLICE PROTECTION. EXT.R6:- COPY OF THE INTERIM ORDER OF THIS HONOURABLE COURT IN WPC. NO.27685/06 DT. 20.10.2006. /TRUE COPY/ P.A. TO JUDGE tss KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C) No.30880 of 2006 ---------------------------------------------- Dated 4th July, 2008. J U D G M E N T The writ petition is filed mainly with the following prayer :- “Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondent Panchayat to refund the proportionate bid amount to the petitioner immediately for the periods during which he was prevented from conducting the business on account of the illegal and clandestine intervention of the Panchayat.” It is for the petitioner to approach the first respondent. In the event of the petitioner approaching the said respondent within a period of two months from today, the matter will be duly considered with notice to the petitioner and appropriate orders in accordance with law will be passed within another four months. The writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- W.P.(C) No.30880 of 2006 ---------------------------------------------- J U D G M E N T Dated 4th July, 2008.