IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE TUESDAY, THE 8TH JANUARY 2008 / 18TH POUSHA 1929 WP(C).No. 17623 of 2007(W) --------------------------------------- PETITIONER: ------------------ KURIEN ABRAHAM, AGED 77 YEARS, S/O.LATE SRI.KURIEN, PATHIYAPPALLIL HOUSE, VAKATHANAM - 686 538. BY ADV. SRI.MOHAN JACOB GEORGE SMT.P.V.PARVATHI SMT.REENA THOMAS SRI.L.RAM MOHAN RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. SECRETARY TO GOVERNMENT, LOCAL ADMINISTRATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. VAKATHANAM GRAMA PANCHAYATH, KOTTAYAM DISTRICT REPRESENTED BY ITS SECRETARY. GOVERNMENT PLEADER SRI. K.J. MOHAMMED ANZAR ADV. SRI.M.P.MADHAVANKUTTY- SC FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO: 17623/2007 W APPENDIX PETITIONER'S EXHIBITS EXT.P1. COPY OF THE RECEIPT ISSUED BY THE VAKATHANAM GRAMA PANCHAYATH ACCEPTING 10% OF THE BID AMOUNT IS PRODUCED HEREWITH AND MARKED. EXT.P2. COPY OF THE PETITION DT. 17/5/2007 SUBMITTED BY THE PETITIONER SEEKING CONFIRMING OF AUCTION. EXT.P3. COPY OF THE LETTER NO. M/417/07-08 DT. 23/5/2007 ISSUED BY THE R3. RESPONDENT'S EXHIBITS EXT.R3A. COPY OF THE RESOLUTION BEARING NO. 418 DT. 18/03/93. EXT.R3B. COPY OF THE PAPER PUBLICATION IN MATHRUBHUMI DAILY DATED 15/3/97. EXT.R3C. COPY OF THE LETTER DT. 21/5/97 DEPUTY DIRECTOR OF PANCHAYATH, KOTTAYAM. True copy tga PIUS C. KURIAKOSE, J. ----------------------------------------------- W.P.(C)No. 17623 OF 2007-W ----------------------------------------------- DATED THIS THE 8TH JANUARY, 2008 J U D G M E N T It is obvious that the auction and the bid was confirmed in favour of the petitioner without obtaining sanction from the Government as is required under Rule 6 of the Kerala Panchayath Raj (Acquisition And Disposal of Property) Rules, 2005. Mr. M.P.Madhavankutty, standing counsel for the Panchayath submits that the Panchayath will be pressing the Government for necessary sanction and that once sanction is received, the auction and the bid will be confirmed in favour of the petitioner. 2. Under these circumstances, I dispose of the writ petition directing the Panchayath to seek the Government sanction regarding confirmation of the bid made by the petitioner in the auction as regards the subject land, i.e. 12.72 cents in Sy.Nos.270/8/3 & 70/4/8 known as Moolayil Purayidom, Vakathanam Panchayath and to confirm the petitioner's bid as son as sanction is received from the Government. The first WP(C)No.17623/2007. -2- respondent Government is also directed to pass orders on the request of the Panchayath for sanction within six weeks of receiving request from the Panchayath. (PIUS C.KURIAKOSE, JUDGE) ks. WP(C)No.17623/2007. -3-