Kerala High Court
Dinesh Kumar vs Guruvayur Devaswom Managing ... on 16 July, 2021
WP(C) No.36547/2018 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR
&
THE HONOURABLE MR.JUSTICE N.ANIL KUMAR
Friday, the 16th day of July 2021 / 25th Ashadha, 1943
WP(C) NO. 36547 OF 2018(P)
PETITIONER:
DINESH KUMAR, AGED 52 YEARS, S/O. KUNJIRAMAN, RESIDING AT ANJALI,
38/2643, NEW GUEST HOUSE, WEST HILL, KOZHIKODE - 673 005.
RESPONDENTS:
1. GURUVAYUR DEVASWOM MANAGING COMMITTEE, REPRESENTED BY ITS
ADMINISTRATOR, GURUVAYUR DEVASWOM, GURUVAYOOR - 680 101.
2. THE COMMISSIONER, GURUVAYUR DEVASWOM, GURUVAYOOR, PIN-680 101.
3. PARUKANDIYIL HARIDAS, S/O.RARICHAKKUTTY, PRAYARPPUNILAM, PISHARIKAVU
ROAD, EDAKKAD P.O., WEST HILL, KOZHIKODE, PIN-673 005.
4. PARUKANDIYIL RATNAKUMARI, D/O.VASU, EDAKKADU AMSOM, KACHERI VILLAGE,
KOZHIKODE DISTRICT, PIN-673 005.
5. PARUKANDIYIL VIJAYAKUMARI, D/O.VASU, EDAKKADU AMSOM,KACHERI VILLAGE,
KOZHIKODE DISTRICT, PIN-673 005.
6. PARUKANDIYIL SEEMAKUMARI, D/O.VASU, EDAKKADU AMSOM, KACHERI VILLAGE,
KOZHIKODE DISTRICT, PIN-673 005.
7. PARUKANDIYIL BEENAKUMARI, D/O.VASU, EDAKKADU AMSOM, KACHERI VILLAGE,
KOZHIKODE DISTRICT, PIN-673 005.
8. POONTHOTTATHIL HARINDRANATHAN, S/O.GOVINDAN, POLICE CONSTABLE,
EDAKKADU AMSOM, KACHERI VILLAGE, KOZHIKODE DISTRICT, PIN-673 005.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to stay all proceeding to sell 3.72 cents of land and building
therein, in R.S.146/2 of Puthiyangadi Village, Karakkad Desom in Kozhikode
District otherwise than through public auction, during the pendency of the
above writ petition.
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this courts judgement
dated 03.04.2019 and order dated 03.09.2019 and upon hearing the
arguments of Sri.T.D.SUSMITH KUMAR, Advocate for the petitioner,
Sri.T.K.VIPINDAS, STANDING COUNSEL for R1 and of M/s SREEJA SOHAN.K.
and R.REJI, Advocate for R6, the court passed the following:
p.t.o
WP(C) No.36547/2018 2/4
C.T.RAVIKUMAR &
N.ANIL KUMAR, JJ.
--------------------------------------
W.P.(C)No.36547 of 2018
--------------------------------------
Dated 16th July, 2021
ORDER
Ravikumar, J.
The captioned writ petition was disposed of as per judgment
dated 3.4.2019. This Court directed the Registrar General thereunder
to release the Fixed Deposit of Rs.11,00,000/- (Rupees Eleven lakhs
only) made by the writ petitioner in the name of Guruvayur Devaswom,
immediately on completion of the sale proceedings and on receipt of
communication from the Commissioner of Guruvayur Devaswom, the
2nd respondent. The subsequent developments led to passing of orders
dated 25.6.2019 and 12.7.2019. Such orders came to be passed taking
note of the fact that even after making Fixed Deposit, without orders of
this Court the amount deposited was withdrawn by the petitioner. In
compliance with subsequent order an amount of Rs.11,00,000/- was
subsequently deposited by the petitioner on 18.6.2019, with lien
marked to the High Court. Now, a memo has been filed by the
Standing Counsel for Guruvayur Devaswom. It is stated therein that
the sale of property, in relation to which the writ petition was filed, was
conducted on 23.10.2019 and the bid amount is Rs.11,05,000/-. In the
memo it is prayed for passing appropriate orders in the aforesaid
circumstances so as to enable Guruvayur Devaswom to get the amount
WP(C) No.36547/2018 3/4
of Rs.11,05,000/- together with interest accrued in the Fixed Deposit
made by the writ petitioner. It is also stated that on receipt of the
amount Guruvayur Devaswom would finalise the sale proceedings in the
name of the petitioner and thereupon, the possession of the property
would also be handed over to him.
2. Heard the learned Standing Counsel for Guruvayur
Devaswom and also the learned counsel for the writ petitioner.
3. From the facts narrated above, it is evident that pursuant
to the order of this Court the writ petitioner has made a Fixed Deposit
of Rs.11,00,000/-. Apart from the said amount, it is submitted by the
learned Standing Counsel that he had also remitted an amount of
Rs.2,00,000/- as Ernest Money Deposit, which is a condition for
participating in the bid. The sale of the property involved was
conducted on 23.10.2019 and it is evident from the memo that the bid
amount is Rs.11,05,000/-. Though a prayer has been made in the
memo that a direction be issued to the Bank where the Fixed Deposit
was made, to transfer the amount in deposit together with interest
accrued thereon to Guruvayur Devaswom Board we do not think that
such an order can be passed for the simple reason that Guruvayur
Devaswom Board is entitled to get the bid amount from the writ
petitioner. When once it is found that the bid amount was
Rs.11,05,000/- Guruvayur Devaswom is entitled only to that much
WP(C) No.36547/2018 4/4
amount. In the circumstances, there will be a direction to the Manager,
State Bank of India, Kannur Road Branch, Kozhikode to transfer an
amount of Rs.11,05,000/- to the account of Guruvayur Devaswom
Board upon its furnishing the details of the account in which it is to be
transferred. Needless to say that balance amount, if any, accrued by
way of interest on the amount deposited, shall be returned to the
petitioner upon demand. The Registry shall forward a copy of this order
to the Manager, State Bank of India, Kannur Road Branch, Kozhikode.
Sd/-
C.T.RAVIKUMAR
Judge
Sd/-
N.ANIL KUMAR
Judge
TKS
16-07-2021 /True Copy/ Assistant Registrar
