VIJI P ISSAC Vs. KERALA STATE HOUSING BOARD

JUDGEMENT

(1.) THE instant appeal arises out of a writ petition, No.35289 of 2010, which was dismissed by the judgment under appeal dated 26.11.2010. THE appellant herein is the petitioner therein.

(2.) THE 1st respondent Board, a statutory body, brought to sale a commercial building owned by a third party (the reasons and the history of such a transaction is not necessary for the present purpose). Tenders were invited by the 1st respondent Board. THE appellant herein became the successful bidder, who offered an amount of Rs.4.10 Crores for purchasing the abovementioned building. However, the 1st respondent's decision to bring the property to sale was challenged by one of the unsuccessful bidders in an earlier Writ Petition, No.1982 of 2007, which stood dismissed by an order of this Court dated 04.01.2008 and confirmed by judgment dated 02.03.2010 in W.A. No.225 of 2008. In other words, for a period of almost three years the transaction between the appellant and the 1st respondent Board could not be finalised during the pendency of the abovementioned litigation.

(3.) WHEN the appeal came up for admission, by an order dated 03.12.2010, this Court granted an interim stay of all further proceedings pursuant to the impugned correspondence on condition that the appellant deposits an amount of `50 lakhs within a specified period to demonstrate the bonafides of the appellant. It was also directed that apart from the abovementioned deposit, the appellant should pay the entire amount as per the terms of the bid made by him within a period of three months from the abovementioned order.