IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 2ND NOVEMBER 2009 / 11TH KARTHIKA 1931 WP(C).No. 29965 of 2009(M) -------------------------- PETITIONER(S): --------------- A.K.VIJAYAN, ATHIRUVELIL HOUSE, KARUNAPURAM VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT. BY ADV. SRI.LIJI.J.VADAKEDOM RESPONDENT(S): --------------- 1. THE TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, OFFICE OF THE T.D.B., NANDANCODE, THIRUVANANTHAPURAM. 2. DEVASWOM COMMISSIONER FOR SABARIMALA, OFFICE OF THE DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, THIRUVANANTHAPURAM. 3. EXECUTIVE OFFICER FOR SABARIMALA DEVASWOM, THE TRAVANCORE DEVASWOM BOARD, REPRESENTED THIRUVANANTHAPURAM. BY ADV. SRI.V.KRISHNA MENON, SC, TDB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) NO.29965 OF 2009 EXT.P1 A TRUE COPY OF THE AUCTION NOTICE ISSUED BY THE SECOND RESPONDENT. EXT.P2 A PHOTOCOPY OF THE LAYOUT OF TEMPORARY SHOPS AT SWAMI AYYAPPAN AND TRADITIONAL ROUTE (ALONG WITH THE APPLICATION SUBMITTED BY THE PETITIONER FOR ISSUANCE OF THE SAID MAP) EXT.P3 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT DATED 9.10.2009 //TRUE COPY// P.A. TO JUDGE. P.R.RAMAN & P.R.RAMACHANDRA MENON ------------------------------- W.P.(C) No.29965 of 2009 ------------------------------- Dated this the 2nd November, 2009 J U D G M E N T Raman, J. The petitioner is a successful bidder in the auction conducted by the Devaswom in the matter of allotment of temporary shed at Marakkoottam. According to the petitioner, he made the bid completing the formalities for the location of stall No.5, as is shown in Ext.P2 Route Map. But it turned to be a mistake and the Devaswom authorities did not permit him to erect stall No.5 in the place as thought to have been allotted to him. Thereafter, the petitioner has preferred Ext.P3 representation before the second respondent pointing out that there was variance with respect to the stall allotted to him. 2. Subsequently, when the matter came for consideration, the matter was adjourned for filing a statement. In the statement filed, it is admitted that there was a mistake in W.P.(C) No.29965 of 2009 2 the location regarding the stall shown in the Lay out plan and the same would be rectified. It is further stated that a fresh auction will be conducted. In such circumstances, the amount deposited shall be refunded to the petitioner forthwith. The writ petition is disposed of as above. P.R.RAMAN, JUDGE P.R.RAMACHANDRA MENON, JUDGE. nj.