The High Court disposed of the W.P. by directing the petitioner to seek remedies before the Tribunal for Local Self Government Institutions, noting the Panchayat's decision to cancel the auction. The court ordered a prospective appeal process.
Petitioner relegated to statutory appeal before the Tribunal for Local Self Government Institutions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE
TUESDAY, THE 20TH MARCH 2007 / 29TH PHALGUNA 1928
WP(C).No. 7978 of 2007(Y)
PETITIONER:
N.JENSON, MUKALUVILA VEEDU, NANDIRICKAL, VELLIMON P.O., KOLLAM.
BY ADV. SRI.S.SANTHOSH KUMAR SRI.C.ARUN
RESPONDENTS:
1.KUNDARA GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, KUNDARA, KOLLAM.
2.THE SECRETARY, KUNDARA GRAMA PANCHAYATH, KUNDARA, KOLLAM.
BY ADV. SRI.T.M.ABDUL LATHEEF SRI.B.SURESH KUMAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/03/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PIUS C. KURIAKOSE,J.
- - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 7978 of 2007
- - - - - - - - - - - - - - - - - - - - - - - - - Dated: 20th March, 2007
JUDGMENT
Not that I do not find any force at all in the submissions of Mr.S.Santhosh Kumar, counsel for the petitioner that the Panchayat has only searching for reasons to put the petitioner out, but in view of the conceded position that the Panchayat has already taken a decision to cancel the auction, the petitioner has to seek his remedies before the statutory appellate forum, i.e. the Tribunal for Local Self Government Institutions. I dispose of the Writ Petition relegating the petitioner to the remedy by way of appeal. Re-auction to be conducted by the Panchayat will be subject to the decision of the Tribunal in the prospective appeal. The petitioner as well as Mr.Shajahan who sought for impleadment in this court will have the liberty for participating in the re-auction. If the petitioner's bid at the re-auction is not below his earlier bid, he will not be made liable for risk and costs.
PIUS C.KURIAKOSE, JUDGE
srd
1 issue framed by the court
Whether the petitioner must approach the statutory appellate forum for relief against the Panchayat's decision to cancel the auction.
N.Jenson
Kundara Grama Panchayath
The Secretary, Kundara Grama Panchayath
Mr. Shajahan
Pius C. KuriaKOse
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
