IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE FRIDAY, THE 14TH MARCH 2008 / 24TH PHALGUNA 1929 WP(C).No. 8219 of 2008(C) ------------------------- PETITIONER: ------------ P.J.LUKOSE, S/O. JOSEPH, AGED 55 YEARS, PARAVARAKATHA HOUSE, NARIYAMPARA KARA, KATTAPPANA VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT. BY ADV. SRI.A.C.DEVASIA RESPONDENTS: ------------- 1. KATTAPPANA GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, KATTAPPANA GRAMA PANCHAYATH OFFICE, KATTAPPANA, KATTAPPANA VILLAGE, IDUKKI DISTRICT. 2. GEORGEKUTTY, S/O JOSEPH AGED ABOUT 50 YEARS PUTHIYA PARAMBIL HOUSE @ JAIMATHA GEORGEKUTTY KATTAPPANA KARA, KATTAPPANA VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT BY ADV. SRI.TOM JOSE FOR R2 ADV.SRI.K.K.CHANDRAN PILLAI FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - W.P.(c).No. 8219 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of March, 2008 JUDGMENT Sri.K.K.Chandran Pillai appearing for the first respondent Panchayat has made available before me the files kept by the Panchayat pertaining to the auction in question. The files reveal that on being informed that the auction has been confirmed in favour of the second respondent, the petitioner made a request for return of the earnest money deposit as well as the solvency certificate and the same has been returned also. The files will also reveal that the petitioner participated in the auction not on his behalf but as an authorised representative of somebody else. In any view of the matter, I am of the view that since the auction has been knocked down in favour of the second respondent and the auction is presently pending confirmation by the Committee of the Panchayat, this court will not be justified in invoking jurisdiction under Article 226 of the Constitution and granting the reliefs sought for. Declining the reliefs sought for, the writ petition is disposed of. WPC.No.8219/08 2 However it is made clear that petitioner's remedy of appeal before the Committee of the Panchayat is not foreclosed. PIUS.C.KURIAKOSE JUDGE sv. WPC.No.8219/08 2