IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 13TH FEBRUARY 2009 / 24TH MAGHA 1930 WP(C).No. 3476 of 2009(L) ------------------------- PETITIONER(S): --------------- 1. K.K.SEBASTIAN, PROPRIETOR, MACHINE LAND, PERUMBAVOOR RESIDING AT KOIKKARA HOUSE, BOC ROAD, PERUMBAVOOR. 2. V.N.ASHOKAN, S/O.T.NARAYANAN NAIR, IRINGOLE KARA, PERUMBAVOOR VILLAGE, KUNNATHUNADU TALUK, REPRESENTED BY THE POWER OF ATTORNEY HOLDER V.N.PRAKASH, S/O.T.NARAYANAN NAIR, IRINGOLE KARA, PERUMBAVOOR VILLAGE, KUNNATHUNADU TALUK. BY ADV. SRI.R.D.SHENOY, SENIOR ADVOCATE SRI.S.VINOD BHAT RESPONDENT(S): --------------- 1. PERUMBAVOOR MUNICIPALITY, PERUMBAVOOR, REPRESENTED BY ITS SECRETARY. 2. THE SECRETARY, PERUMBAVOOR MUNICIPALITY, PERUMBAVOOR. ADV. SRI.V.M.KURIAN FOR R1-2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P(C).No.3476 of 2009 ================== Dated this the 13th day of February, 2009 J U D G M E N T The petitioners took part in an auction conducted on 30.8.2008 by the respondent-Municipality for leasing out some of the 140 shop rooms constructed by the 1st respondent-Municipality. The petitioners are successful bidders for some of the shop rooms. The Municipality adopted a procedure of tender-cum-auction. When the auction was over tenders were opened and the Municipality demanded the higher amount quoted in the tender. The petitioners are aggrieved by the same. The petitioners challenge the tender conditions themselves. However, for the present the petitioners would be satisfied if the matter is placed before the Municipal Council by the 2nd respondent and the Municipal Council takes a decision in the matter. 2. A counter affidavit has been filed by the Municipality, in which it is stated that the decision to adopt the particular procedure was taken in a meeting, the minutes of which is Exts.R1(h), in which the petitioners' grievance was considered and therefore, no further variation can be made in the tender conditions. 3. I am not inclined to go into the merits of the rival contentions in so far as the petitioners only seek a decision by the Municipal Council in the matter. Accordingly, this writ petition is w.p.c.3476/09 2 disposed of with a direction to the 2nd respondent to place the matter in the next Council meeting and the Council of the Municipality shall take a decision in accordance with law. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge