IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 1ST MARCH 2010 / 10TH PHALGUNA 1931 WP(C).No. 2818 of 2010(B) --------------------------------- PETITIONER : ------------------- SAINUDEEN.M, S/O. MOHAMMED, VATTAVILA PUTHEN VEEDU, PEZHUMMOODU, VALAVU PACHA.P.O, TRIVANDRUM. BY ADV. MR.T.A.UNNIKRISHNAN MR.K.SATHEESH KUMAR RESPONDENT : --------------------- THE PROFESSOR AND HEAD, INSTRUCTIONAL FARM, AGRICULTURE COLLEGE, VELLLAYANI, (KERALA AGRICULTURAL UNIVERSITY), THIRUVANANTHAPURAM. STANDING COUNSEL MR.K.P.MUJEEB FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JVT T. R. RAMACHANDRAN NAIR, J ------------------------- W.P.(C.) No. 2818 of 2010 --------------------------------- Dated this the 01st day of March 2010 J U D G M E N T The petitioner is the successful bidder in the public auction conducted by the respondent in respect of mahagony trees standing in the instructional farm of Agricultural College, Vellayani. After participating the auction he had deposited 1/3rd of the auction amount after confirmation of the bid in his name. Seeking for a direction to the respondent to allow him to deposit the remaining amount for removing the trees, this writ petition has been filed. 2. A statement has been filed by the learned Standing Counsel for the University. It is pointed out that because of want of sanction from the Forest department they could not proceed with the matter and accordingly by Exts.R4 and R5 the tender has been cancelled and the petitioner and others have been given instructions to receive the EMD as well as the amount deposited. W.P.(C) No. 2818 of 2010 -2- 3. In that view of the matter if the petitioner approaches the respondent for release of the amount, the same will be released without any further delay. The writ petition is disposed of without prejudice to the right of the petitioner to challenge the cancellation in appropriate proceedings and hence, the contentions herein are left open. No costs. T. R. RAMACHANDRAN NAIR, JUDGE Jvt