IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 19TH MARCH 2010 / 28TH PHALGUNA 1931 WP(C).No. 8002 of 2010(A) ------------------------- PETITIONER(: --------------- MATHACHAN C.V., S/O.VARKEY, CHOOLOPILLIL HOUSE, NAYAKATTY POST, SULTAN BATHERY, WYANAD. BY ADV. SRI.VINOD VALLIKAPPAN SMT.S.SUMITHA RESPONDENT(S): --------------- 1. THE EXECUTIVE ENGINEER, KERALA STATE HOUSING BOARD, WYANAD DIVISION, MEENANGADI, WYANAD. 2. THE CHAIRMAN, KERALA STATE HOUSING BOARD, THIRUVANANTHAPURAM. BY STANDING COUNSEL SHRI A.JAYASANKAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J. ---------------------------------------------- W.P.(C)No.8002 OF 2010 ----------------------------------------------------- DATED THIS THE 19th DAY OF MARCH, 2010 J U D G M E N T The petitioner responded to Exhibit P1 auction notice issued by the Kerala State Housing Board for auctioning plot/shops in Sultan Bathery at Wayanad. It is submitted that the petitioner participated in the auction and quoted Rs.33,51,515/- for 12.23 cents of land and four shops situated in 10.98 cents. The Writ Petition is filed seeking for a direction to the respondents to consider his bid and accept the same. 2. The learned Standing Counsel on getting instructions submitted that even though tender notice was issued, only one person responded, being the petitioner herein, and he has quoted an amount of Rs.33,51,515/- as evident from Exhibit P3. But the said amount is below the official bid amount fixed by the respondents at Rs.36,25,000/-. It is submitted that therefore the amount quoted by the petitioner is not acceptable and again fresh auction will have to be conducted. It is also pointed out that there were no other bidders because of adjustments W.P.(C)No.8002/10 -2- between various bidders. It is in these circumstances that respondents 1 and 2 have decided to put the properties for auction afresh. 3. In that view of the matter, this Court will not be justified at this stage to compel the respondents to accept the bid submitted by the petitioner and confirm the same. If a fresh auction notice is published, the petitioner will be free to participate in that auction. With the above observation, this Writ Petition is disposed of. T.R.RAMACHANDRAN NAIR, JUDGE dsn