IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 3RD AUGUST 2011 / 12TH SRAVANA 1933 WP(C).No. 17925 of 2011(M) ----------------------------------- PETITIONER(S): ------------------- A.M.ABDUL RAZACK AGED 49 YEARS, S/O.MEERAN, MUBARAK SPICES, VANDIPERIYAR BY ADV. SRI.P.DEEPAK RESPONDENT(S): --------------------- 1. THE DIVISIONAL FOREST OFFICER, O/O.THE DIVISIONAL FOREST OFFICER,NENMARA DIVISION PALAKKAD-678508 2. V.M.NOUSHAD, VAARIKKAD SPICES, VANDIPERIYAR-685533 3. M/S.BLUE STAR COFFEE TRADERS, SULTHAN BATHERI, WAYANAD-670001 R1 BY GOVT. PLEADER SRI.P.M.POULOSE R2 BY ADV. SRI.BIJU .C. ABRAHAM R3 BY ADV. SRI.BIJU .C. ABRAHAM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 17925/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE TENDER NOTICE DATED 03/05/2011. P2: COPY OF THE COMMUNICATION DATED 28/06/2011. P3: COPY OF THE REPLY OF 1ST RESPONDENT DATED 28/06/2011. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 17925 OF 2011 ----------------------------------------------------- Dated this the 3rd day of August , 2011 J U D G M E N T This writ petition concerns auction of four lots of Coffee. The auction notice is Ext.P1. The petitioner's case is that the upset price fixed was Rs.59.50 per kilogram and that contrary to the tender conditions, auction was settled in favour of the party respondents at the rate of Rs.55/Kg. It is challenging the above, this writ petition is filed. 2. In this writ petition, after hearing the learned Government Pleader this Court passed order dated 13th July, 2011, staying all further proceedings including confirmation of sale, subject to the condition that the petitioner should remit 35% of the value of the four lots He was also ordered to furnish bank guarantee for the balance amount. Such an order was passed for the reason that the article in question is a perishable commodity and that if the successful auction purchaser backs out on account of the delay, safeguards should be provided to W.P.(C) No. 17925 OF 2011 :2 : take care of the interest of the respondents. 3. It is now reported that the petitioner has not complied with the directions in the order dated 13th July, 2011. Therefore that order has necessarily to be vacated. From the conduct of the petitioner I am not satisfied that he has proved his bonafides for granting the relief sought for in the writ petition. Therefore I am not inclined to entertain the writ petition. Hence the writ petition will stand dismissed with costs of Rs.10,000/- to be paid to the first respondent. Sd/- ANTONY DOMINIC, JUDGE ul/- [true copy] P.S. to Judge