IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 27TH FEBRUARY 2009 / 8TH PHALGUNA 1930 WP(C).No. 6482 of 2009(F) ------------------------- PETITIONER(S): ------------------- 1. M.A.R.SALIM, MAR MANZIL, MSM P.O., MANGARAM, PANDALAM. 2. AMMINI JOY, PEEDIKAYIL VEEDU, KADAKKAD, PANDALAM P.O., PATHANAMTHITTA DISTRICT. BY ADV. MR.K.R.RADHAKRISHNAN NAIR RESPONDENT(S): -------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. PANDALAM GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, PANDALAM GRAMA PANCHAYATH, PANCHAYATH. GOVERNMENT PLEADER MR. K.V. MANOJ KUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/02/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.6482 OF 2009 ---------------------------------------- Dated this the 27th day of February, 2009 JUDGMENT The petitioners are challenging the proposed auction by Ext.P4 of certain temporary sheds constructed by the 2nd respondent – Panchayat. The contention of the petitioners is that as directed in Ext.P1 judgment, the petitioners have already filed a petition before the Government under Section 191 of the Kerala Panchayat Raj Act, on which petition the petitioners have already been heard. Therefore, according to the petitioners, the auction proposed, while orders are still pending on that petition, is unsustainable. 2. I have heard the learned Standing Counsel appearing for the Panchayat also. In Ext.P1 judgment itself I had specifically made it clear that the auction to be conducted would be subject to the orders that the Government may pass on the petition under Section 191 of the Kerala Panchayat Raj Act. That being so, no separate orders are necessary as regards Ext.P1. W.P.(c)No.6482/09 2 Therefore, making it abundantly clear that any auction to be conducted pursuant to Ext.P4 would be subject to the result of the petition under Section 191 of the Kerala Panchayat Raj Act pending before the 1st respondent – Government, this writ petition is dismissed. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.6482/09 3