IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE TUESDAY, THE 25TH MARCH 2008 / 5TH CHAITHRA 1930 WP(C).No. 9948 of 2008(H) ------------------------- PETITIONER: ------------ THARAMMAL RUKHIYA, W/O.USMAN, CHOLAYIL HOUSE, P.O.MANANTHAVADY, WAYANAD. BY ADV. SRI.V.RAJENDRAN RESPONDENTS: ------------- 1. MANANTHAVADY GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, MANANTHAVADY, WAYANAD DISTRICT. 2. THE SECRETARY, MANANTHAVADY GRAMA PANCHAYAT, MANANTHAVADY, WAYANAD DISTRICT. BY ADV.MR.P.C.SASIDHARAN, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE,J. - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.9948 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 25th March, 2008 JUDGMENT The petitioner was the licencee of Erumatheruvu Fish Market belong to the 1st respondent-Panchayat. During the previous years, he has submitted Ext.P1 representation before the Panachayat offering 25% above the previous year's rate, if the right to conduct the market is given to him this year. His grievance is that in spite of the above, the Panchayat has issued Ext.P2 notification to auction the rights to conduct the fish market through public auction. 2. Adv.Mr.P.C.Sasidharan, S.C. takes notice on behalf of the Panchayat and seeks time to get instructions. Mr.V.Rajendran, counsel for the petitioner submits that the auction is slated for tomorrow and granting time will render the Writ Petition infructuous. According to Rajendran, nobody else has so far given any offer higher than the offer given by the petitioner under Ext.P1. Having regard to the averments in the Writ Petition and the submissions addressed at the Bar, I am of the view that the Writ Petition can be disposed of with the following directions: The Panchayat will on 27.3.2008 put off the auction of the fish market in Erumatheruvu as item No.6 with notice to anybody else W.P.C.No.9948/08 - 2 - who is appearing before the auctioneer pursuant to Ext.P2 to 3.4.2008. The auctioneer will receives written offers from those present at the venue of the auction including the writ petitioner regarding item No.6 fish market. In the meanwhile, the Panchayat will take Ext.P1, consider the same in the light of other offers received at the auction on 27.3.2008 and take a correct decision on Ext.P1. Decision as directed above shall be taken only after hearing the petitioner and anybody else who has submitted higher offers than the offer either in Ext.P1 or the revised offer which the petitioner makes. Till decision is taken by the Panchayat pursuant to the above directions, the petitioner will be permitted to conduct the fish market. The Writ Petition is disposed of as above. srd PIUS C.KURIAKOSE, JUDGE