IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 9948 of 2008(H)
1. THARAMMAL RUKHIYA,W/O.USMAN,CHOLAYIL
... Petitioner
Vs
1. MANANTHAVADY GRAMA PANCHAYATH,
... Respondent
2. THE SECRETARY,MANATHAVADY GRAMA
For Petitioner :SRI.V.RAJENDRAN
For Respondent : No Appearance
The Hon'ble MR. Justice PIUS C.KURIAKOSE
Dated :25/03/2008
O R D E R
PIUS C. KURIAKOSE,J.
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W.P.(C) No.9948 of 2008
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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