SUNIL Vs. MUNDAKAYAM GRAMA PANCHAYATH

JUDGEMENT

(1.) THE petitioners are persons who had successfully bid the right to conduct vending of fish from stalls owned by the first respondent Panchayat and a portion of the public market which is functioning in the ground floor of the shopping complex owned by the second respondent. The auction was conducted on 10.8.2010 and the period of the auction was up to 31.3.2012. Though the petitioners had deposited the initial amount that they had to deposit, they were not permitted to conduct vending of fish from the stalls auctioned in their favour. Therefore, they have filed this writ petition. Though a subsequent auction was conducted on 29.12.2011 it was suspended because of objections from petitioners 1 and 2.

(2.) WHEN this writ petition was taken up for hearing 16.11.2012, the counsel for the petitioners submitted that since the money deposited by them have been remaining with the Panchayat for the past more than an year, they may at least be permitted to conduct fish vending in the stalls till 31.3.2013. The said submission is repeated today also.

(3.) IT is not in dispute that though the petitioners had deposited the initial amount as per Ext.P1, no further intimation was given to them regarding the right that was auctioned in their favour. They were also not put in possession of the shop rooms or permitted to conduct vending of fish for which right, they had paid the amount. I notice that for the current year also no auction has been conducted for the period commencing from April, 2012 onwards. Conduct of a fresh auction now would not be beneficial to any one, including the Panchayat. The Panchayat would have to refund the amount to the petitioners that has been remaining with the Panchayat for the past one year, with reasonable interest. It is, therefore, submitted that the petitioners may be permitted to conduct fish vending from the stalls for the remaining period of the current year, till 31.3.2013. Such a course would absolve the Panchayat of the liability of refunding the amount already deposited by the petitioners. The counsel for the petitioners submits that the petitioners are willing to pay the balance amount due from them as per Ext.P1. Since the petitioners are the successful bidders at the auction conducted by the Panchayat on 10.8.2010, I am of opinion that the above course can be adopted for the period commencing from 31.3.2013. The said course would benefit the Panchayat also financially, since the petitioners are willing to pay the balance amount.