Kerala High Court
Mathew Mathai vs State Of Kerala on 8 November, 2024
WP(C) Nos.29554/2024 & 25695/2024 1
2024:KER:83492
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 8TH DAY OF NOVEMBER 2024 / 17TH KARTHIKA,
1946
WP(C) NO. 29554 OF 2024
PETITIONER:
ALEX VARGHESE,
AGED 32 YEARS,
S/O. VARGHESE.,RESIDING AT PULINCHUMAVIL(H),
MARIGIRI P.O, KANAKAKUNNU, PIN - 685609
BY ADV SHAHID AZEEZ
RESPONDENTS:
THE SECRETARY,
VATHIKUDY GRAMAPANCHAYATH VATHIKUDY,IDUKKI
1
DISTRICT, PIN - 685604
VATHIKUDY GRAMA PANCHAYATH,
REPRESENTED BY ITS SECRETARY VATHIKUDY,IDUKKI
2
DISTRICT, PIN - 685604
BY ADV JOMY K. JOSE, SC, VATHIKUDY GRAMA
PANCHAYAT
OTHER PRESENT:
SMT.PREETHA K.K., SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 08.11.2024, ALONG WITH WP(C).25695/2024, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.29554/2024 & 25695/2024 2
2024:KER:83492
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 8TH DAY OF NOVEMBER 2024 / 17TH KARTHIKA,
1946
WP(C) NO. 25695 OF 2024
PETITIONER:
MATHEW MATHAI,
AGED 68 YEARS
S/O. MATHAI,NARAMANGALATH HOUSE, PADAMUKHAM.
P.O, IDUKKI DISTRICT, PIN - 685604
BY ADVS.
M.NARENDRA KUMAR
HARSHADEV M.
ARCHANA SURESH
ALEX TOM JOSEPH
RESPONDENTS:
STATE OF KERALA,
REPRESENTED BY PRINCIPAL SECRETARY, LOCAL SELF
1 GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT,
PALAYAM, THIRUVANANTHAPURAM, PIN - 695033
VATHIKUDY GRAMA PANCHAYAT,
REPRESENTED BY ITS SECRETARY, MURIKKASSERY.
2
P.O., IDUKKI DISTRICT, PIN - 685604
ALEX VARGHESE,
PULICHAMAVIL HOUSE, THOPRAMKUDY,VATHIKUDY GRAMA
3
PANCHAYATH, IDUKKI DISTRICT, PIN - 685609
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 08.11.2024, ALONG WITH WP(C).29554/2024, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.29554/2024 & 25695/2024 3
2024:KER:83492
MOHAMMED NIAS C.P., J
............................................................
W.P(C) Nos.29554 of 2024 and 25695 of 2024
.............................................................
Dated this the 08th day of November, 2024
JUDGMENT
The writ petition is filed by the 2 nd highest bidder for
directing the respondents to grant him a license to conduct meat
stalls as per Ext.P1 notice dated 07.03.2024. This Court passed an
interim order on 09.08.2024 noting that the 3rd respondent was
the successful bidder in the auction but had not paid the entire
amount and had intimated to the Panchayat that he was no
longer interested in conducting the meat stall. Accordingly, the
petitioner was directed to make an application indicating his
willingness. Based on the willingness submitted by the
petitioner, the Panchayat had directed him to make the required
payments which were not complied with. The learned counsel for
the Petitioner in W.P.(C) No. 25695 of 2024 submits that he is not
interested in running the meat stalls as the amount demanded by
the Panchayat is exorbitant.
2024:KER:83492
In such circumstances, the reliefs sought in this writ
petition cannot be granted. Therefore, this writ petition is
dismissed.
This writ petition is filed by the 3rd respondent in the
connected writ petition, the original successful bidder, seeking a
prayer to consider Ext.P3 representation, filed before the
Panchayat, claiming the return of the amounts paid by them.
2. The learned Standing Counsel for the
Panchayat submits that the petitioner in WP(C) No.29554 of 2024
is still running the meat stall, though he had earlier expressed his
willingness not to go ahead.
3. There will be a direction to the Panchayat to
consider Ext. P3 representation preferred by the petitioner
within four weeks from the date of receipt of a copy of this
judgment with notice to the writ petitioner and other affected
parties, if any and take a decision in accordance with law.
This writ petition is disposed of as above.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
Anu
2024:KER:83492
APPENDIX OF WP(C) 25695/2024
PETITIONER EXHIBITS
THE TRUE COPY OF THE NOTICE DATED
Exhibit -P1 07.03.2024
THE TRUE COPY OF THE LETTER DATED
16.04.2024 OBTAINED BY THE PETITIONER
Exhibit -P2 UNDER RIGHT TO INFORMATION ACT (RTI
ACT)
THE TRUE COPY OF THE LETTER DATED
20.04.2024 FILED BY THE PETITIONER
Exhibit -P3
BEFORE THE SECOND RESPONDENT
RESPONDENT EXHIBITS
A TRUE COPY OF THE AUCTION/QUOTATION
NOTICE ISSUED BY THE SECRETARY OF
EXHIBIT R2(A) VATHIKUDY GRAMA PANCHAYAT DATED 07-03-
2024 VIDE NO. SC3-731/24
A TRUE COPY OF THE PANCHAYAT COMMITTEE
EXHIBIT R2(B) DECISION DATED 22-06-2024
A TRUE COPY OF THE COMMUNICATION ISSUED
BY THE SECRETARY OF VATHIKUDY GRAMA
EXHIBIT R2(C) PANCHAYAT DATED 26-06-2024 VIDE NO.
400559/GADC18/VGP/2024/2555(1)
A TRUE COPY OF THE COMMUNICATION
SUBMITTED BY THE 3RD RESPONDENT BEFORE
EXHIBIT R2(D) THE SECRETARY OF VATHIKUDY GRAMA
PANCHAYAT DATED 22-07-2024
2024:KER:83492
APPENDIX OF WP(C) 29554/2024
PETITIONER EXHIBITS
TRUE COPY OF THE AUCTION NOTICE NO SC3-
731/24 DATED 7.3.2024 ISSUED BY THE
Exhibit P1
RESPONDENTS
TRUE COPY OF THE RECEIPT DATED
15.3.2024 REFLECTING PAYMENTS OF RS
Exhibit P2(a) 4,16,500/- REMITTED TO THE RESPONDENT
PANCHAYATH BY THE PETITIONER
TRUE COPY OF THE RECEIPT DATED
15.3.2024 REFLECTING PAYMENTS OF RS
Exhibit P2(b) 5,00,000/- REMITTED TO THE RESPONDENT
PANCHAYATH BY THE PETITIONER
THE TRUE COPY OF THE REPRESENTATION
Exhibit P3 DATED 22.7.2024
TRUE COPY OF THE INTERIM ORDER DATED
9.8.2024 PASSED BY THIS HONORABLE COURT
Exhibit P4
IN W.P(C) 25695/2024
