IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 10TH AUGUST 2010 / 19TH SRAVANA 1932 WP(C).No. 23816 of 2010(B) -------------------------------- PETITIONERS: ---------------- 1. THULASIDAS P.G., AGED 41 YEARS, S/O. GANGADHARAN, PUTHENPURAKKAL HOUSE, CHIRAKKAKOM, VARAPPUZHA. 2. HAMSA M.M., AGED 44 YEARS, S/O.MUHAMMED, MUNDOLIPALLAM HOUSE, KARINGAMTHURUTHU, KONGORPILLY P.O., ALANGHAD. BY ADVS. SRI.A.X.VARGHESE SRI.A.V.JOJO RESPONDENT: --------------- THE SECRETARY, VARAPUZHA GRAMA PANCHAYATH, VARAPUZHA. BY ADVS. SRI.SREELAL N.WARRIER SRI.AJR.VARGHESE SMT.A.SREEKALA (VAIKOM) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.23816 OF 2010 --------------------------------------- Dated this the 10th day of August, 2010. J U D G M E N T The petitioners are conducting the business of fish vending in Varapuzha fish market in Ernakulam District. In the year 2008, the Panchayath renovated the said fish market. The petitioners have been allotted a space namely, 8 sq.feet floor for conducting their business. It is pointed out that the Panchayath has accepted Rs.30,000/- as security. 2. The petitioners are aggrieved by the steps taken by the Panchayath to auction the right to have fish vending in an equal area namely, 8 sq.feet which was earmarked for Inland fishermen. According to the petitioners, they were prepared to take the said space also on agreed terms. It is further pointed out that the area in the occupation of the petitioners is not sufficient as both of them have been together allotted 8 sq.feet only. 3. The respondent Panchayath has filed a counter affidavit. W.P.(C) No.23816/2010 2 It is pointed out that earlier even though the said area was earmarked for Inland fishermen, nobody turned up for the earmarked area. Therefore, the Panchayath auctioned the various rooms including the 8 sq.feet open floor. Auction notice was published on 15.07.2010 and the auction was conducted on 30.07.2010. The auction proceedings were completed and the petitioners also participated in the auction. The space is now provisionally confirmed in the name of Sri.Jojo V.A for an amount of Rs.13,500/- per month. 4. Learned counsel for the petitioners submitted that the petitioners are prepared to take the space on terms mutually agreeable to the Panchayath. Learned counsel for the Panchayath opposed the said request. It is a case where the Panchayath is trying to auction the remaining space namely, 8 sq.feet which is earmarked for Inland fishermen. It is not a case where the petitioners have denied any facility. 5. Evidently, the petitioners have already been allotted a space on payment of monthly rent. Therefore, auctioning of the remaining space does not affect any right of the petitioners to W.P.(C) No.23816/2010 3 occupy the premises allotted to them. What is pointed out as a grievance by the learned counsel for the petitioners that there was an offer to the petitioners to allot the 8 sq.feet space which is denied by the learned counsel for the Panchayath. It cannot be said that the action taken by the local authority to fetch maximum income by auctioning the space is in anyway illegal or arbitrary. None of the rights of the petitioners are affected also. They have also participated in the auction. Therefore, I do not find any reason to interfere with the decision taken by the Panchayath. The writ petition is dismissed. No costs. T.R. RAMACHANDRAN NAIR JUDGE smp