IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 32138 of 2008(A)
1. MADANA MOHANAN NAIR
... Petitioner
Vs
1. THE DISTRICT COLLECTOR, COLLECTORATE
... Respondent
2. THE REVENEU DIVISIONAL OFFICER,
3. THE PRESIDENT, ETTUMANOOR GRAMA
For Petitioner :SRI.P.B.SAHASRANAMAN
For Respondent :SRI.S.RADHAKRISHNAN
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :23/01/2009
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) NO. 32138 OF 2008 (A)
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Dated this the 23rd day of January, 2009
J U D G M E N T
Exts.P2 and P3 are under challenge.
2. Petitioner had bid an auction for an Anjili tree which was held
on 20/10/2008. He was the highest bidder and he deposited Rs.40,250/-
being the full bid value.
3. However,the District Collector by Ext.P2 ordered to re auction
the timber and Ext.P3 re auction notice was issued. It was challenging
Exts. P2 and P3, the petitioner approached this Court.
4. Following the orders that were passed, a second auction was
held and the value fetched was only Rs.70,500/-. Again the authorities
decided to conduct a third auction and pursuant to the orders that were
obtained from this Court, in the 3rd auction that was held on 15/1/2009,
the highest bid received is of Rs.1,66,799/-.
5. Obviously the value now fetched is far in excess of the earlier
bids that were received and therefore in pubic interest, the respondents
should be permitted to accept the highest bid that is now available.
WPC 32138/08
:2 :
6. Therefore, the following directions are issued in this writ
petition.
(1) The respondents will be free to accept the highest bid that is
received for Rs.1,66,799 and the bidder shall be permitted to remove the
timber subject to the usual terms.
(2) The amount deposited by the petitioner along with the cutting
expenses of Rs.13,600/- quantified and indicated in the report dated
17/1/2009 submitted by the 2nd respondent shall be reimbursed to him.
3. Petitioner has a claim that he has incurred additional
expenditure. If he has such a claim, it is up to him to pursue the matter
before the appropriate authorities.
Writ petition is disposed of as above.
ANTONY DOMINIC, JUDGE
Rp