IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 4TH MARCH 2010 / 13TH PHALGUNA 1931 WP(C).No. 30053 of 2009(B) ---------------------------------------- PETITIONER(S): ----------------------- T. VIJAYAKUMAR, S/O.THANKAPPAN PILLAI, V.S. HOUSE, MAVUKONAM, MUNDALA P.O., VELLANADU, THIRUVANANTHAPURAM. BY ADV. MR.P.V.BABY, MR.R.KIRAN, MR.JOSHY THANNICKAMATTAM. RESPONDENT(S): -------------------------- 1. THE SUPERINTENDENT, GOVERNMENT TECHNICAL HIGH SCHOOL, NEDUMANGADU, THIRUVANANTHAPURAM DISTRICT. 2. THE DIRECTOR OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM. 3. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO EDUCATION DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM. R1 TO R3 BY GOVERNMENT PLEADER MR.M.A. ASIF. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 30053/2009-B APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE AUCTION NOTICE DATED 19/03/2009 ISSUED BY THE 1ST RESPONDENT. EXT.P2: COPY OF THE RECEIPT DATED 06/07/2009 ISSUED BY THE 1ST RESPONDENT. EXT.P3: COPY OF THE RECEIPT DATED 09/07/2009 ISSUED BY THE 1ST RESPONDENT. EXT.P4: COPY OF THE RECEIPTS (3 IN NUMBER) DATED 09/07/2009, 14/07/2009 AND 06/07/2009 ISSUED BY THE 1ST RESPONDENT. EXT.P5: COPY OF THE APPLICATION DATED 20/07/2009 SUBMITTED BY THE PETITIONER BEFORE BY THE 1ST RESPONDENT. EXT.P6: COPY OF THE PROCEEDINGS OF THE AUCTION HELD ON 06/07/2009 ISSUED BY THE 1ST RESPONDENT. EXT.P7: COPY OF THE COMMUNICATION DATED 14/08/2009 ISSUED BY THE 1ST RESPONDENT. EXT.P8: COPY OF THE COMMUNICATION DATED 05/10/2009 ISSUED BY THE 1ST RESPONDENT. EXT.P9: COPY OF THE NOTES BEARING NO.E/511/08.09/THS/NDD. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 30053 of 2009-B - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of March, 2010. JUDGMENT The petitioner participated in the auction for auctioning 7 acacia trees standing in a school compound. Ext.P1 is the auction notice published by the first respondent. The petitioner was the highest bidder and his bid was accepted. In this writ petition, the prayer is to quash Ext.P9 decision for cancellation of the auction as well as the steps for reauction. 2. The second respondent has filed a counter affidavit. It is submitted that the offer made by the petitioner was accepted and accordingly the tender was confirmed. But later, some of the members of the public raised a complaint in the matter on which, a departmental enquiry was initiated. To ascertain the number of trees, the Social Forestry of the Forest Department was engaged and they conducted the process of identification and accordingly the exact number of trees were renumbered. Even though there was a proposal for reauction, that was not proceeded with, since the Forest officials identified the exact number of trees and renumbered the same. Therefore, there is no need for reauction now. It is further pointed out that no orders have been issued to cancel the auction and the respondents have wpc30053 /2009-B 2 no intention to reauction as the petitioner had auctioned the same on 6.7.2009. Finally, in para 8 it is mentioned that the petitioner can fell the 7 acacia trees and take the proceeds thereof. The same is recorded. 3. Therefore, the writ petition is allowed and the petitioner will be permitted to cut and remove the trees auctioned by him. No costs. (T.R. Ramachandran Nair, Judge.) kav/