IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE THURSDAY, THE 13TH MARCH 2008 / 23RD PHALGUNA 1929 WP(C).No. 8497 of 2008(J) ------------------------- PETITIONER: ------------ RAMACHANDRAN, AGED 37 YEARS S/O.PEETHAMBARAN, AYYANKOICKAL HOUSE KANNAMPALLIL BHAGOM, KAYAMKULAM. BY ADV. SRI.S.MOHANAN RESPONDENTS: ------------- 1. THE SECRETARY, MUNICIPAL OFFICE KAYAMKULAM MUNICIPALITY, KAYAMKULAM. 2. MOHANAN, SRI SAI OPTICALS NEAR POST OFFICE, K.P. ROAD, KAYAMKULAM. 3. NASSAR, PARANGAMOOTTIL, PERINGALA KAYAMKULAM. 4. THAHAKUNJU, SRIBE (DOCUMENT WRITER) OLD FIRE STATION SHOPPING COMPLEX, KAYAMKULAM. BY ADV. SRI.RAYA SHENOI,SC,KAYAMKULAM MUNICIPAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE, J. ---------------------------------- W.P.(C) NO. 8497 of 2008 ---------------------------------- Dated this the 13th day of March , 2008 JUDGMENT The learned Standing Counsel Sri.Raya Shenoy takes notice on behalf of the first respondent. 2. The petitioner challenges the auction conducted and confirmed by the first respondent in respect of Shop No.8 in the Municipal Shopping Complex on various grounds. Not that I do not find any attractiveness in the grounds raised in the writ petition, but as pointed out by Sri.Raya Shenoy, the petitioner is yet to exhaust his statutory remedy of preferring appeal against the auction conducted by the Secretary of the Municipality. 3. I dispose of this writ petition relegating the petitioner to statutory remedies against the decision of the Secretary. I make it clear that if the petitioner prefers appeal within two weeks of his receiving a copy of this judgment, the appeal will be disposed of by the Council in accordance with law. The confirmation of the WPC No.8497/2008 2 auction in favour of respondents 2 to 4 will be subject to the decision which will be taken by the appellate authority in the appeal. The petitioner is directed to serve a copy of this judgment to respondents 2 to 4 by registered post with acknowledgment due as soon as he receives the same. PIUS C. KURIAKOSE, JUDGE. dpk