P.K. Sadanandan vs The Ambalapuzha South Grama ...
2023 Latest Caselaw 1264 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
        THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
  WEDNESDAY, THE 18TH DAY OF JANUARY 2023 / 28TH POUSHA,
                                   1944
                       WP(C) NO. 25263 OF 2015
PETITIONER/S:

               P.K. SADANANDAN, AGED 50 YEARS
               S/O.KOCHUKUTTY, PANECHIRAYIL HOUSE, EDATHUA PO,
               ALAPPUZHA DISTRICT.

               BY ADVS.
               SRI.S.SANAL KUMAR
               SMT.BHAVANA VELAYUDHAN
               SRI.M.T.SURESHKUMAR
               SMT.T.J.SEEMA
               SMT.SMITHA PHILIPOSE



RESPONDENT/S:

    1          THE AMBALAPUZHA SOUTH GRAMA PANCHAYATH
               AMBALAPUZHA P.O, ALAPPUZHA DISTRICT. 688 561.

    2          STATE OF KERALA, REPRESENTED BY THE SECRETARY,
               DEPARTMENT OF LOCAL SELF GOVERNMENT, GOVERNMENT
               SECRETARIAT, THIRUVANANTHAPURAM 695 001.

               BY ADVS.
               SRI.GEORGE MATHEW
               SRI.K.S.HARIHARAPUTHRAN


        THIS    WRIT   PETITION     (CIVIL)    HAVING    COME    UP    FOR
ADMISSION       ON   18.01.2023,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 25263 OF 2015

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                             JUDGMENT

The petitioner has filed this writ petition aggrieved by

the manner of allotment of shop rooms without conducting

any auction by the 1st respondent Panchayat.

2. The 1st respondent constructed a shopping complex

with 21 rooms on the first floor and other three rooms in the

very same compound. The 1st respondent, proposing to lease

out the said shop rooms for the period upto 31.03.2016,

published an auction notice on 20.06.2015 for bidding in

auction the said shop rooms, quoting the probable rent. The

petitioner, being a practising lawyer at the courts in

Ambalapuzha, was on the lookout for an office space at

Ambalapuzha. On 30.06.2015 at 10.45 am, when the

petitioner went to the office of the 1st respondent to take part

in public auction, he was informed that the auction would be

held on a later date, which would be published as done earlier.

However, thereafter, when enquired about the next date of

auction, the petitioner was informed that the allotment has

already been taken place by acceptance of deposit of

Rs.10,000/- from eight persons. It is aggrieved by this, the WP(C) NO. 25263 OF 2015

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petitioner has approached this Court.

3. Heard the learned counsel for the petitioner and

the learned Government Pleader. No representation for the

first respondent.

4. The learned counsel for the petitioner submits that

no proper auction was conducted by the 1 st respondent for

allotting shop rooms and hence, the petitioner could not

secure the shop room mentioned in the auction notice.

However, it is further submitted that a direction may be given

to the 1st respondent Panchayath to give priority to the

petitioner, if any shop room is kept vacant or becomes vacant

in the said building.

Hence, the writ petition is disposed of, with a direction

to the 1st respondent Panchayat that the petitioner shall be

given priority for allotment of room, if any room is now lying

vacant in the building in question, on an application

submitted by the petitioner, in accordance with law.

Sd/-

SHOBA ANNAMMA EAPEN

JUDGE bka/-

WP(C) NO. 25263 OF 2015

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APPENDIX OF WP(C) 25263/2015

PETITIONER EXHIBITS

EXHIBIT P1. COPY OF THE AUCTION NOTICE DATED 20.6.15 ISSUED BY THE IST RESPONDENT.