SHIBU C F Vs. DEPUTY DIRECTOR OF PANCHAYATH

JUDGEMENT

(1.) PUTHENVELIKKARA Grama Panchayat (2nd respondent her in), by the notification dated 06-07-2004, had invited tenders for the tight for conducting a ferry service on the Parangiyattukurisu " cheriyaphazhampallithuruthu by using mechanized boat for the period from 01-08-2004 to 31-07-2005 Auction also was proposed to be held on the notified date. The petitioner has filed this writ petition pointing out that the special condition especially items 1and 6, were ureasonable and illegal, and showed the mala fides, which were attached to the grant of such right. Especially condition No. 1 according to him, was loaded in such a manner so as to confer advantage on a single earmarked individual to the exclusion of all others. He is disabled from participating. The question is whether such conditions are unreasonable which vitiates the entire transactions and therefore interference of his Court is warranted.

(2.) A request was made by the petitioner to the Deputy director of Panchayat agitating over the matter but no follow up action has been taken by him on such complaint. It was pointed out that he owed a public duty and especially to inhabitants of the island and appropriate measures ought to have been taken, which resulted in a fair deal by warding off monopoly.

(3.) THE learned counsel also refers to the past practice, which had been followed by the second respondent, namely that the rights were proposed to be farmed out without public auction and by a private arrangement and the 3rd and 4th respondents had been the beneficiaries. This had been opposed and it was in the light of the above, the formality of notice by Ext. P2 had come to be passed. This turned out as an eye-wash, since the successful bidder could have been only the 3rd respondent. What could not have been permissible to be done directly, according to the learned counsel, is attempted to be done indirectly.