IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 19TH MARCH 2010 / 28TH PHALGUNA 1931 WP(C).No. 8541 of 2010(P) ------------------------- PETITIONER(S): --------------- C.V.ELIAS,S/O.VARGHESE, AGED 52 CHANDANASSERIL HOUSE,PARAKKADAVU, KATTAPPANA P.O., KATTAPPANA VILLAGE, UDUMPANCHOLA TALUK, IDIUKKI DISTRICT. BY ADV. SRI.VARGHESE C.KURIAKOSE SRI.ADEEP ANWAR RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY THE SECRETARY,MINISTRY OF LOCAL SELF GOVT, SECRETARIAT,THIRVANDRUM. 2. THE KATTAPPANA GRAMA PANCHAYAT, PANCHAYAT OFFICE,KATTAPPANA, REP.BY ITS SECRETARY. 3. THE PRESIDENT, KATTAPPANA GRAMA PANCHAYAT COMMITTEE, PANHAYAT OFFICE, KATTAPPANA. BY GP K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J ------------------- W.P.(C).8541/2010 -------------------- Dated this the 19th day of March, 2010 JUDGMENT Although substantial prayers have been sought in the writ petition, when the matter came up for hearing, learned counsel for the petitioner confines his prayer for a direction to the 1st respondent to pass orders on Ext.P3 application made by the petitioner under Seton 191 of the Kerala Panchayat Raj Act, on an expeditious basis. The other direction that is sought is that since the respondent Panchayat has already deferred auction in respect of certain items notified in Ext.P2 notice, when re- auction is scheduled, at least 7 days notice may be directed to be given. 2. As far as Ext.P3 application made by the petitioner before the 1st respondent Government is concerned, that is a statutory application filed under Section 191 of the Act against the resolution passed by the respondent Panchayat fixing the solvency amount in Ext.P2 auction notice. Necessarily, the W.P.(C).8541/10 2 Government has to deal with the same, in the manner as provided under Section 191 of the Act. Therefore, the 1st respondent is directed to dispose of Ext.P3, which shall be done as expeditiously as possible. 3. Learned counsel for the Panchayat submits that in respect of the remaining items in Ext.P2 are concerned, re-auction is to be conducted before 31.3.2010. Even if it be so, there is sufficient time for the Panchayat to give at least 7 days notice to the general public which is only a reasonable period. Therefore, while it will be free to the Panchayat to complete the re-auction proceedings before 31.3.2010, Panchayat is directed that notice, in respect of the re-auction to be scheduled, shall be given at least for a period of 7 days. Writ petition is disposed of as above. ANTONY DOMINIC, Judge mrcs