The Court held that the petitioner's apprehension regarding the disposal of scrap materials without public auction was baseless as the auction was conducted with due publicity. The writ petition was disposed of, leaving challenges to the auction for separate proceedings.
Writ petition disposed of; no substantive relief granted.
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 SMT. JUSTICE P.V.ASHA
TUESDAY, THE 02ND DAY OF FEBRUARY 2021 / 13TH MAGHA,1942 WP(C).No.1507 OF 2021(K)
PETITIONER:
KUMARAN M.V, AGED 50 YEARS, S/O. ARUMUGHAN, RESIDING AT MUNDAN VALAPPIL HOUSE, THRIPRANGODE P.O., MALAPPURAM - 676 102.
BY ADVS. SRI.K.R.AVINASH (KUNNATH) SRI.ABDUL RAOOF PALLIPATH
RESPONDENTS:
1 THE DISTRICT POLICE CHIEF - MALAPPURAM, DISTRICT POLICE OFFICE - MALAPPURAM, UP HILL P.O., MALAPPURAM - 676 505.
2 THE STATION HOUSE OFFICER, TIRUR POLICE STATION, TIRUR P.O., MALAPPURAM - 676 101.
BY ADVS. SMT.PRINCY XAVIER, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioner has filed this writ petition complaining that the Station House Officer, Tirur – the 2nd respondent is disposing of the scrap materials without conducting any public auction or giving due publicity or proper public notice etc, as prescribed in Ext.P1.
2. When the writ petition came up for consideration on 22.01.2021, the learned Government Pleader submitted that the public auction was conducted on 21.01.2021 giving due publicity, on the basis of the orders issued by the District Police Chief. When the matter came up for consideration today also, the learned Government Pleader submits that the auction was conducted after giving
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due publicity, based on which persons from various districts and even from outside the State have participated.
In the said circumstances, the apprehension expressed by the petitioner appears to be baseless. However, it will be open to the petitioner, if he is so advised, to challenge the auction with the necessary parties in the party array.
The writ petition is accordingly
disposed of. Sd/-
P.V.ASHA, JUDGE.
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APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ORDER NO:GI-62818/2019/MM DATED 02.01.2021 ISSUED BY THE DISTRICT POLICE CHIEF - MALAPPURAM.
EXHIBIT P2 TRUE COPY OF THE REPRESENTATION MADE BY THE PETITIONER BEFORE THE 1ST AND 3RD RESPONDENTS DATED 09.01.2020.
1 issue framed by the court
Whether the petitioner's apprehension regarding disposal of scrap materials without public auction was justified.
Kumaran M.V
The District Police Chief - Malappuram
The Station House Officer, Tirur
The State of Kerala
P.V.ASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
