IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 8TH MARCH 2010 / 17TH PHALGUNA 1931 WP(C).No. 7176 of 2010(V) ------------------------- PETITIONER(S): --------------- C.K.BABU, AGED 62 YEARS, S/O.C.L.KUNJAPPAN, CHOZHIATTIL HOUSE, KUZHAL NAGAR, HOSDURG TALUK, VILLAGE, KASARAGOD DISTRICT, KANHANGAD. BY ADV. SRI.P.K.SAJEEV RESPONDENT(S): --------------- 1. KANHANGAD MUNICIPALITY, KASARGOD DISTRICT, REPRESENTED BY ITS SECRETARY. 2. THE CHAIRMAN, KANHANGAD MUNICIPALITY, KASARGOD DISTRICT. BY SC SRI.T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J ------------------- W.P.(C).7176/2010 -------------------- Dated this the 8th day of March, 2010 JUDGMENT Petitioner participated in an auction conducted by the 1st respondent Municipality for collection of advertisement tax for the year 2010-2011. The auction was on 16.2.2010 and according to the petitioner, he was the highest bidder. It is stated that although he had completed all the procedural formalities in that behalf, on 26.2.2010, the Municipality published an advertisement, proposing a re-auction which is scheduled to take place on 9.3.2010. Petitioner submits that his bid, being the highest and having been accepted by the Municipality, it ought not gone for a re-auction. 2. The learned counsel appearing for the Municipality, on instructions, submit that the bids received were subject to ratification by the Municipal Council and the Municipal Council did not ratify the bid made by the petitioner. According to the learned counsel, the Municipality is anticipating better response W.P.(C).7176/10 2 from the public and it was therefore that the re-auction is scheduled. 3. If there was a condition in the auction to the effect that the bid will be subject to ratification of the Municipal Council, petitioner cannot object to re-auction that is scheduled based on the instructions of the Municipal Council. In view of this, the challenge against re-auction cannot be sustained. Be that as it may. It is clarified that it will be open to the petitioner to participate in the re-auction that is scheduled to be held on 9.3.2010 and based on the outcome of the re-auction, his bid will also be considered. Writ petition is disposed of as above. ANTONY DOMINIC, Judge mrcs