IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.BHAVADASAN FRIDAY, THE 6TH FEBRUARY 2009 / 17TH MAGHA 1930 WA.No. 87 of 2008() ------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.34351/2006 Dated 11/04/2007 .................... APPELLANT: APPELLANT: ------------------------ ZERONE CONSULTING (PVT) LTD., 1ST FLOOR, GCDA SHOPPING COMPLEX, JOURNALIST COLONY ROAD, KALOOR, KOCHI-17, REP. BY ITS DIRECTOR, ASHIQ AL-JHAN. BY ADV.MR.S.ANANTHAKRISHNAN MR.N.K.SUBRAMANIAN RESPONDENT: RESPONDENT: -------------------------- GREATER COCHIN DEVELOPMENT AUTHORITY, KADAVANTHARA, COCHIN-20, REP. BY ITS SECRETARY. BY MR.K.P.DANDAPANI, SENIOR ADVOCATE MR.MILLU DANDAPANI THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 06/02/2009. THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY, Ag.CJ & P.BHAVADASAN, J. =========================== W.A.No.87 of 2008 - D =============================== Dated this the 6th day of February, 2009. J U D G M E N T Koshy, Ag.CJ. Appellant is a company registered under the Companies Act for the purpose of carrying out its business activities. Appellant has taken on monthly lease of six rooms in a shopping complex from the respondent by executing different registered deeds. Room No.9 was lying vacant. As requested by the appellant, that was also leased to the appellant and regularly rent was being paid in respect of that room. Security deposit was also paid. But, since that room was rented out without public auction, GCDA decided to auction that also. In fact, there was already a direction to that effect from this Court with regard to the rooms of GCDA in respect of another complex. Public properties cannot be allotted privately and there should be public notice. Rent agreement was cancelled by Ext.P6. In W.A.No.87 of 2008 - D 2 the above circumstances, the authorities are allowed to issue fresh public tender notice in respect of the above room in dispute in this appeal. Appellant is also free to participate in the auction. With that observation, this writ appeal is disposed of. J.B.KOSHY, ACTING CHIEF JUSTICE. P.BHAVADASAN, JUDGE. bkn/-