IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 29TH JANUARY 2010 / 9TH MAGHA 1931 WP(C).No. 2909 of 2010(K) ------------------------- PETITIONER(S): --------------- 1. O.K.MATHAI, AGED 68 YEARS, S/O.KURIAN, RESIDING AT OZHUKAYIL HOUSE, KADAMAKUZHY.P.O, VALLAKKADAVU, IDUKKI DISTRICT. 2. SUNITHA THANKAPPAN, AGED 50 YEARS, RESIDING AT PUTHUPARAMBIL HOUSE, KATTAPPANA.P.O, IDUKKI DISTRICT. 3. JOSE KALAYATHINAL, AGED 49 YEARS, S/O.VARKEY, RESIDING AT KALAYATHINAL HOUSE, KATTAPPANA.P.O, IDUKKI DISTRICT. 4. THOMAS MICHAEL, AGED 34 YEARS, S/O.MICHAEL, RESIDING AT KAVUMKAL HOUSE, THOVARAYA.P.O, IDUKKI DISTRICT. 5. E.A.AUGUSTY @ SUNNY, AGED 48 YEARS, S/O.AUGUSTHY, RESIDING AT EDATHOTTIYIL HOUSE, KATTAPPANA SOUTH.P.O, IDUKKI DISTRICT. BY ADV. SRI.JOICE GEORGE RESPONDENT(S): --------------- 1. THE KATTAPPANA GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, KATTAPPANA.P.O, IDUKKI DISTRICT. 2. THE SPECIAL GRADE SECRETARY, KATTAPPANA GRAMA PANCHAYAT, KATTAPPANA.P.O, IDUKKI DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.2909 of 2010 (K) --------------------------------- Dated, this the 29th day of January, 2010 J U D G M E N T The petitioners claim to be the members of the 1st Panchayat. Their grievance is against Ext.P2, an auction notice published by the respondent Panchayat for auctioning the rooms in the Bus Stand Shopping Complex. The contention of the petitioners is mainly that the construction of the building is not completed and the endeavor of the respondent Panchayat to auction at this stage is for extraneous reasons that if the auction materialises, the rent offered will be much less than what it actually deserves. 2. The learned standing counsel for the respondent Panchayat points out that the construction of the building is almost completed and that even after the auction, the proposal is to hand over the building to the occupants only from 01/04/2010 onwards and that by that time, the entire work will be completed. It is also stated that the Panchayat has constructed the building utilising borrowed capital and therefore, it is essential for the Panchayat to WP(C) No.2909/2010 -2- ensure that it earns returns at the earliest possible time. 3. If for valid reasons such as the above, the Panchayat has taken a decision to auction the shop rooms, there cannot be any illegality to be remedied in a proceedings under Article 226 of the Constitution of India. Therefore, I do not find any reason to entertain the writ petition, and the writ petition is accordingly dismissed. (ANTONY DOMINIC, JUDGE) jg