IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 12TH JANUARY 2010 / 22TH POUSHA 1931 WP(C).No. 503 of 2010(K) --------- ------------------------ PETITIONER: ------------------- MADHUSOODANAN MANDODI, TREASURER & SECRETARY IN CHARGE OF GOVERMENT SCHOOL TEACHERS UNION, KERALA (GSTU), DISTRICT COMMITTEE, TELLICHERRY. BY ADV. SRI.K.V.SOHAN SMT.SREEJA SOHAN.K. RESPONDENTS: ---------------------- 1. TELLICHERRY MUNICIPALITY, REPRESENTED BY ITS SECRETARY, TELLICHERRY. 2. THE ASSISTANT EDUCATION OFFICER, OFFICE OF THE ASSISTANT EDUCATION OFFICER, TELLICHERRY SOUTH, TELLICHERRY. 3. GOVERNMENT OF KERALA, REPRESENTED BY ITS SECRETARY, EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. R2 & R3 BY SR.GOVERMENT PLEADER SRI.BENJAMIN PAUL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R. Bannurmath, C.J. & Thottathil B. Radhakrishnan, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 503 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of January, 2010 JUDGMENT S.R.Bannurmath, C.J. This is a Public Interest Litigation seeking for the following reliefs: “a) Call for the records connected with the case; b) Issue a writ of mandamus or other appropriate writ or order directing the first respondent Tellicherry Municipality to cancel the auction sale conducted with respect to Room No.E3 in Jubilee Shopping Complex on 24.12.09 and allot the entire area for housing the South A.E.O. Office; c) Issue a writ of mandamus or other appropriate writ or order directing the 3rd respondent to initiate action for stopping the confirmation of the auction sale in favour of the stranger and take steps to retain the entire area for the use of Tellicherry South A.E.O. Office before surrendering the Thathachiparambu School Building in favour of first respondent Tellicherry Municipality.” 2. From the averments in the Writ Petition and especially Ext.P2, the acknowledgment of the representation of the petitioner and others indicate that the Municipality is considering the representation dated 28.12.2009 filed by the W.P.(C) No. 503 OF 2010 -:2:- petitioner. In that view of the matter as no decision has been taken yet, we find the Writ Petition is premature. Accordingly, we dispose of the same with an observation that the Municipality will take a decision after considering the representation of the petitioner and others in this regard by giving them an opportunity of hearing. S.R. Bannurmath, Chief Justice. Thottathil B. Radhakrishnan, Judge. ttb/vgs