IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 13TH JULY 2011 / 22ND ASHADHA 1933 WP(C).No. 18905 of 2011(K) -------------------------------------- PETITIONER: ------------------- JILJITH, AGED 32 YEARS, S/O.C.V. RAMDAS, 14/483, CHEMBATTIVALAPPIL HOUSE, FRANCIS ROAD, P.O. KALLAI, KOZHIKODE - 673 003. BY ADV. SRI.P.V.KUNHIKRISHNAN. RESPONDENTS: ------------------------ 1. KERALA STATE WAKF BOARD, REPRESENTED BY ITS SECRETARY, V.I.P ROAD, ERNAKULAM, KOCHI - 682 013. 2. SENIOR SUPERINTENDENT OF KERALA WAKF BOARD, REGIONAL OFFICER, EROTH CENTRE, BANK ROAD, KOZHIKODE - 673 001. R1 & R2 BY SRI. A.A. ABUL HASSAN, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.18905/2011-K: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER NO. C2 6388/CR DTD. 04/06/2011 OF THE R.2. EXT.P.2: COPY OF THE NOTIFICATION NO. C2.6388/CR DTD. 04/06/2011 OF THE R.2. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 18905 OF 2011 ----------------------------------------------------- Dated this the 13th day of July, 2011 J U D G M E N T Petitioner wants to participate in the auction which is scheduled to be held on 18.7.2011 pursuant to Ext.P2 auction tender notification issued by the first respondent. As per the terms of this notification, tenders should have been submitted before 4 p.m. on 4.7.2011. The petitioner did not submit any tender. However he apprehends that since he did not make the earnest money deposit two weeks prior to auction, he will not be permitted to participate in the auction to he held on 18.7.2011. It is his contention that there is no requirement that earnest money should be deposited, two weeks prior to the auction. It is in this background this writ petition is filed. 2. However, the Standing Counsel for the respondents relied on clause (6) of Ext.P2 which states that those who have made earnest money deposit along with W.P.(C) No. 18905 OF 2011 :2 : the tender, need not make earnest money deposit for auction and that earnest money deposit will be accepted, only upto to 15 days prior to the auction. 3. Therefore from clause (6) it is obvious that in order to participate in the auction earnest money is required to be deposited and that such deposit should have been made at least prior to 15 days of 18.7.2011. 4. This provision also says that such deposit need not be made by those who have made earnest money deposit along with tender. Thus it is obvious those who want to participate in the auction should make deposit of earnest money and that it should be made at least 15 days prior to 18.7.2011. 5. Admittedly petitioner has not made any earnest money deposit. If that be so, going by the terms of Ext.P2, he is not eligible to participate in the auction. W.P.(C) No. 18905 OF 2011 :3 : In that view of the matter petitioner cannot succeed in this writ petition and hence it is dismissed. Sd/- ANTONY DOMINIC, JUDGE ul/- [true copy] P.S. to Judge