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2026 Supreme(Online)(Ker) 12563

IN THE HIGH COURT OF KERALA AT ERNAKULAM
HARISANKAR V. MENON, J
KRISHNAN – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.M.P.PRIYESHKUMAR, SMT.DIVYA T.P., SHRI.M.SASINDRAN
For the Respondents: SHRI.R.PARTHASARATHY, SHRI.M.SASINDRAN, SMT.SEEMA, SMT. SYLAJA S.L.

JUDGMENT

The petitioner had participated in an auction conducted by the respondent panchayat for the right to collect fee at the Kallachi fish market. At that point of time, he had made a deposit of Rs.5,000/-, while participating in the auction. Petitioner was the highest bidder, and he had deposited Rs.17,700/-, at the time of the auction. Though, the afore amount was collected and time was also granted to pay the balance, the petitioner states that, without permitting the petitioner to remit the balance, the panchayat sought to cancel the auction and re-tender the work. It is seeking to challenge the afore action, as well as for a direction to the respondents to refund the amount of Rs.5,000/- and Rs.17,700/-, remitted by the petitioner as above, the petitioner has instituted the captioned writ petition.

2. Heard Sri.M. Sasindran, learned counsel for the petitioner, as well as Sri.R. Parthasarathy, learned counsel for the 2nd and 3rd respondents herein.

3. A counter affidavit dated 13.09.2023 is filed on behalf of the respondent panchayat. In paragraph 5 of the counter affidavit, it is stated that the panchayat has decided to re-auction "only to obtain better price so as to augmen

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