Philip Thomas vs Elanthoor Grama Panchayat
2023 Latest Caselaw 3158 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     THURSDAY, THE 23RD DAY OF MARCH 2023 / 2ND CHAITHRA, 1945
                        WP(C) NO. 10155 OF 2023
PETITIONER:

          PHILIP THOMAS
          AGED 52 YEARS
          S/O THOMAS SCARIA, RESIDING AT PERKKOTT PADINJATTE
          MURIYIL, ELANTHOOR P.O, PATHANAMTHITTA-, PIN - 689643
          BY ADVS.
          S.JATHIN DAS
          G.S.SANAL KUMAR
          T.A.PRAKASH
          ARUN S.
RESPONDENTS:

    1     ELANTHOOR GRAMA PANCHAYAT
          ELANTHOOR P.O, PATHANAMTHITTA
          REPRESENTED BY ITS SECRETARY, PIN - 689643
    2     THE SECRETARY
          ELANTHOOR GRAMA PANCHAYAT, ELANTHOOR P.O
          PATHANAMTHITTA-, PIN - 689643
    3     GRAMA PANCHAYAT COMMITTEE,
          ELANTHOOR GRAMA PANCHAYAT, ELANTHOOR P.O, PIN - 689643
          PATHANAMTHITTA- REPRESENTED BY ITS CHAIRPERSON
          SRI.ARUN.B.VARGHESE-SC
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.10155 OF 2023

                                      2




                               JUDGMENT

Dated this the 23rd day of March, 2023

This writ petition is filed seeking direction to set aside the

decision of the 3rd respondent intimated through Ext.P4. It is submitted

by the learned counsel for the petitioner that the petitioner had

participated in an auction conducted in pursuance to Ext.P1 notice and

that he had bid the highest amount in the said auction. It is submitted

that the petitioner had also remitted amounts in pursuance to the

auction. However, the petitioner was informed by Ext.P4 that though

the petitioner was the highest bidder, the Panchayat Committee did not

approve the auction and that the auction has been cancelled. The

learned counsel for the petitioner submits that after having conducted

an auction, the respondents are estopped from issuing a notice in the

nature of Ext.P4. It is stated that thereafter, Ext.P5 re-auction notice has

again been issued which is also illegal according to the petitioner.

2. The learned standing counsel appearing for the respondents

submits that Ext.P1 auction notice specifically provided that the auction WP(C) NO.10155 OF 2023

is to be approved by the Committee of the Panchayat and in case the

Committee does not approve the auction, the same will be cancelled

and the person who had bid the highest amount will have the right to

refund of the amount, if any, paid by him. It is stated that the auction

was not confirmed and no selection notice was issued to the petitioner.

3. In the above view of the matter, I am of the opinion that the

prayers as sought for in the writ petition cannot be granted. However,

the contentions of the petitioner are left open and the petitioner shall be

permitted to participate in the re-auction, if he is otherwise eligible.

The claim for refund of amounts paid by the petitioner shall be properly

acted on by the respondents.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO.10155 OF 2023

APPENDIX OF WP(C) 10155/2023

PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE AUCTION NOTICE BEARING NO.

JC4-724/22 DATED 03.03.2023 Exhibit P2 TRUE COPY OF THE RECEIPT NO.

1220104605/G030403 DATED 10.03.2023 Exhibit P3 TRUE COPY OF THE RECEIPT NO.

1220104604/G030403 DATED 10.03.2023 Exhibit P4 TRUE COPY OF THE BID CANCELLATION LETTER DATED 17.03.2023 ISSUED BY THE RESPONDENTS Exhibit P5 TRUE COPY OF RE-AUCTION NOTICE DATED 17.03.2022 RESPONDENTS' EXHIBITS: NIL