2023 Supreme(Ker) 797
SHOBA ANNAMMA EAPEN
Secretary, Poovachal Grama Panchayat – Appellant
Versus
Secretary, Ombudsman For Local Self Government – Respondent
Advocates:
Advocate Appeared:
For the Petitioner: R.T. Pradeep.
For the Respondents: Ayyappan Sankar, Vinitha B.
JUDGMENT :
SHOBA ANNAMMA EAPEN, J.
1. The writ petition is filed with the following prayer:
(i) To issue a writ of certiorari or any other appropriate writ, order or direction calling upon the records pertaining to Ext.P5 and to quash Ext.P5.
2. The brief facts of the case are as follows:
Petitioner-Grama Panchayat conducted auction for collection of gate fee. The second respondent, the successful bidder filed a complaint No. 904/2014 before the first respondent-Ombudsman seeking for refund of Rs. 1,00,000/- deposited with the Panchayat as per the terms and conditions of public auction. It was contended before the first respondent that, due to serious objections raised from the general public and the merchants, Panchayat, the second respondent could not collect the gate fee and sought to cancel the auction concluded in his favour on 15.3.2014. The Panchayat conducted reauction on 28.3.2014 and the auction was bid in favour of another person for an amount of Rs. 38 lakh. Thereafter, the second respondent requested the Panchayat to release the earnest money deposit made by him before the Panchayat. Since the Panchayat was not inclined to release the amount, the second respondent approache
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