MUHAMMED.K.M. Vs. THE PADINHARATHARA GRAMA PANCHAYATH

JUDGEMENT

(1.) The petitioner, who participated in the auction conducted on 10.06.2019 by the first respondent Padinharathara Grama Panchayat for sale of a jeep bearing registration No.KL-12/D-1980, pursuant to a notification dated 7.5.2019, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P4 and Ext.P5 and seeking a writ of mandamus restraining the respondents from taking any steps for disposing of vehicle bearing registration No.KL-12/D-1980 and to take all steps to transfer possession and ownership of that vehicle in favour of the petitioner.

(2.) Going by the averments in the writ petition, the petitioner participated in the auction held on 10.6.2019 for sale of jeep bearing registration No.KL-12/D-1980, after remitting an earnest money deposit of Rs.20,000/-, as evidenced by Ext.P1 receipt dated 10.6.2019 and Ext.P2 token. About 40 persons participated in the auction held on 10.6.2019. The auction proceedings commenced quoting a sum of Rs.1 lakh. Seven persons including the petitioner offered bids in excess of Rs.1 lakh. The petitioner, finally, quoted a sum of Rs.1,03,500/- as evidenced by Ext.P3 auction diary dated 10.6.2019. However, the Panchayat Committee did not approve the auction proceedings in its meeting held on 12.6.2019 and Ext.P4 communication to that effect has been issued to the petitioner, which is one dated 7.5.2019. The petitioner received Ext.P4 on 17.6.2019.

(3.) The petitioner approached the Panchayat and obtained Ext.P5, which is the true copy of decision dated 22.06.2019 of the Panchayat Committee for conducting re-auction. He submitted Ext.P6 representation dated 24.6.2019 before the Secretary of the Grama Panchayat, with a request to finalise the auction proceedings. However, the Secretary of the Panchayat has issued Ext.P7 auction notice, whereby the auction for sale of the said jeep is scheduled to be held on 02.07.2019. Feeling aggrieved, the petitioner is before this Court in this writ petition.