IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 2ND JULY 2009 / 11TH ASHADHA 1931 WP(C).No. 18469 of 2009(C) ------------------------------------------ PETITIONER(S): ------------------------- 1. SHEMEER.M.A., AGED 31 YEARS, S/O.ABOOBACKER, MOOTHEDDOM HOUSE, KANDANTHARA, ALLPARA P.O., PERUMBAVOOR, ERNAKULAM DISTRICT. 2. UMMER.M.P., AGED 38 YEARS, S/O.PAREETH, MULLADAN HOUSE, EDAVOOR P.O., ONAMPILLY, ERNAKULAM DISTRICT. BY ADV.MR.C.A.NAVAS RESPONDENT(S): --------------------------- 1. PERUMBAVOOR MUNICIPALITY, REPRESENTED BY ITS SECRETARY, PERUMBAVOOR MUNICIPALITY, ERNAKULAM DISTRICT. 2. THE CHAIRPERSON, PERUMBAVOOR MUNICIPALITY, PERUMBAVOOR, ERNAKULAM DISTRICT. 3. THE SECRETARY TO GOVERNMENT, LOCAL SELF DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. R1 & R2 BY ADV. MR. V.M.KURIAN, SC, PERUMBAVOOR MUNICIPALITY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.18469 of 2009-C = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 2nd day of July, 2009. JUDGMENT The petitioner, who is a successful bidder in terms of Ext.P1 conditions of auction, states that he may be permitted to pay the balance security deposit in instalments. I do not find any provision in law to do so. That will contradict the terms of Ext.P1. If there was such a term which the Municipality had prescribed before the commencement of the auction proceedings, the benefit of that would have been a relevant consideration for other participants also. I do not find any ground to grant the reliefs sought for or issue any direction for consideration of Ext.P11 representation seeking the same relief. The writ petition fails. The same is accordingly dismissed. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/020709