Kerala High Court
Gopalakrishnan.P vs The Commissioner on 1 October, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE K. BABU
FRIDAY, THE 1ST DAY OF OCTOBER 2021 / 9TH ASWINA, 1943
WP(C) NO. 20815 OF 2021
PETITIONER:
GOPALAKRISHNAN.P., AGED 60 YEARS,
S/O.PARAMU, RESIDING AT ANAPPARA PUTHEN VEEDU,
ANAPPARA, KADAKKAL POST, KADAKKAL VIALLAGE, KOLLAM
DISTRICT - 691 536.
BY ADVS.
V.A.AJIVAS
M.MANJU (KADAKKAL)
RESPONDENTS:
1 THE COMMISSIONER, TRAVANCORE DEVASWOM BOARD, KAWDIAR
P.O., NANTHANCODE, THIRUVANANTHAPURAM - 695 003.
2 THE PRESIDENT, TRAVANCORE DEVASWOM BOARD, KAWDIAR P.O.,
NANTHANCODE, THIRUVANANTHAPURAM - 695 003.
3 TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS
SECRETARY, TRAVANCORE DEVASWOM BOARD, KAWDIAR P.O.,
NANTHANCODE, THIRUVANANTHAPURAM - 695 003.
4 ASSISTANT COMMISSIONER, TRAVANCORE DEVASWOM BOARD,
ASSISTANT COMMISSIONER'S OFFICE, PUNALUR GROUP,
PUNALUR.
5 SUB GROUP OFFICER, TRAVANCORE DEVASWOM BOARD OFFICE,
SHIVA TEMPLE, KADAKKAL, KOLLAM DISTRICT - 691 536.
6 DEPUTY DIRECTOR, LOCAL FUND AUDIT DEPARTMENT,
THIRUVANANTHAPURAM - 695 003.
SRI G.BIJU - STANDING COUNSEL,TRAVANCORE DEVASWOM BOARD
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.20815 OF 2021
2
JUDGMENT
The petitioner is the successful bidder in the e-auction
conducted by Travancore Devaswom Board for sale of pooja
articles at Kadakkal Peedika Devaswom in Kadakkal Temple, for
the year 2021-22. The petitioner bid the auction for a sum of
Rs.7,11,111/-, as evidenced by Exhibit P1. In terms of the tender
conditions, the petitioner remitted a sum of Rs.3,10,000/- and a
further sum of Rs.46,000/-, by 29.04.2021, totaling to
Rs.3,56,000/-. The balance amount to be remitted was
Rs.4,31,000/-, which the petitioner has to pay in two instalments,
i.e., the 2nd and 3rd instalments, on 30.04.2021 and 31.07.2021,
respectively. The time limit prescribed for payment of the 2 nd and
3rd instalments were extended by Travancore Devaswom Board as
31.08.2021 and 30.09.2021, respectively, vide Ext.P5
communication dated 19.07.2021. The petitioner could not pay
the 2nd and 3rd instalments within the extended time granted in
Ext.P5. When there was a threat of closure of shop from the 5 th
respondent Sub Group Officer of Travancore Devaswom Board,
insisting payment of the 2nd and 3rd instalments, the petitioner
submitted Ext.P6 representation dated 24.08.2021, before the 1 st
WP(C).No.20815 OF 2021
respondent Commissioner of Travancore Devaswom Board and
also the 4th respondent Assistant Commissioner, Punalur Group,
seeking instalment facility. Thereafter, the petitioner moved this
Court in this writ petition, invoking Article 226 of the Constitution
of India, seeking a writ of certiorari [sic: a writ of mandamus]
commanding the 1st respondent Commissioner of Travancore
Devaswom Board to provide him sufficient time to pay the balance
amount for sale of pooja articles at Kadakkal Peedika Devaswom
in Kadakkal Temple, for the year 2021-22. The petitioner has also
sought for a writ of mandamus commanding the 1 st respondent to
consider and finalise Ext.P6 representation.
2. Today, when this writ petition came up for admission in
the forenoon, the learned Standing Counsel for Travancore
Devaswom Board was directed to get instructions as to the auction
amount for the previous years, and the matter was directed to be
listed at 2.00 p.m., in view of the urgency pointed out by the
learned counsel for the petitioner.
3. Heard the learned counsel for the petitioner and also
the learned Standing Counsel for Travancore Devaswom Board,
representing the respondents.
WP(C).No.20815 OF 2021
4. The learned Standing Counsel for Travancore
Devaswom Board, on instructions, would submit that the
petitioner was the successful bidder for sale of pooja articles at
Kadakkal Peedika Devaswom in Kadakkal Temple, for the year
2018-19 (for a sum of Rs.7,64,119/-), for the year 2019-20 (for a
sum of Rs.2,30,000/-), for the year 2020-21 (for a sum of
Rs.2,60,011/-), and for the year 2021-22 (for a sum of
Rs.7,11,111/-). After the remittance of a total sum of
Rs.3,56,000/-, vide Exts.P2 and P3 receipts, the petitioner has
made a further remittance of Rs.75,000/- (Rs.50,000 +
Rs.25,000). In terms of Ext.P5, the petitioner has to remit a sum
of Rs.1,02,000/-, on or before 31.08.2021, and a further sum of
Rs.1,80,000/-, on or before 30.09.2021. The learned standing
Counsel would point out that Kadakkal Peedika Devaswom in
Kadakkal Temple is a major temple under Punaloor Group of
Travancore Devaswom Board.
5. The learned counsel for the petitioner would point out
that the petitioner, a senior citizen aged 60 years, could not open
the shop for a considerably long period, on account of COVID
restrictions. Despite all these circumstances, the petitioner had
WP(C).No.20815 OF 2021
made payments of a sum of Rs.50,000/- and a further sum of
Rs.25,000/-, after the remittance of Rs.3,56,000/-, vide Exs.P2
and P3 receipts. Pointing out the circumstances, which prevented
the petitioner from remitting the 2nd and 3rd instalments, he has
already made Ext.P6 representation before respondents 1 and 4.
In case any coercive steps are taken by the 5 th respondent Sub
Group Officer, pending consideration of Ext.P6, the petitioner
would be put to irreparable loss, injury and hardship.
6. Having considered the pleadings and materials on
record and also the submissions made by the learned counsel on
both sides, this Court finds that, the petitioner has defaulted
payment of the 2nd and 3rd instalments in terms of the tender
conditions, for sale of pooja articles at Kadakkal Peedika
Devaswom in Kadakkal Temple, for the year 2021-22. After the
payment of a sum of Rs.3,56,000/- vide Exts.P2 and P3 receipts,
the petitioner could remit only a sum of Rs.75,000/- (Rs.50,000 +
Rs.25,000) towards the 2nd instalment. Therefore, the petitioner
has to remit a sum of Rs.1,02,000/- towards the 2 nd instalment
and a further sum of Rs.1,80,000/- towards the 3 rd instalment.
Considering the fact that the petitioner is a senior citizen aged 60
WP(C).No.20815 OF 2021
years, and also the fact that the total amount payable is
Rs.2,82,000/-, this Court deem it appropriate to direct the
petitioner to remit a sum of Rs.50,000/- with the 5 th respondent
Sub Group Officer, within one week from this date. On such
remittance being made, the 1st respondent shall consider and pass
appropriate orders on Ext.P6 representation made by the
petitioner, within a time limit to be fixed in this judgment.
7. In such circumstances, this writ petition is disposed of
with the following directions;
(i) Within one week from the date of this judgment, the
petitioner shall remit a sum of Rs.50,000/- with the
5th respondent Sub Group Officer, towards his liability
to pay the 2nd and 3rd instalments, in terms of the
tender conditions for sale of pooja articles at
Kadakkal Peedika Devaswom in Kadakkal Temple, for
the year 2021-22. On such payment being made, the
1st respondent shall consider and pass appropriate
orders on Ext.P6 representation made by the
petitioner, strictly in accordance with law, as
expeditiously as possible, at any rate, within a
further period of three weeks.
(ii) The 5th respondent shall keep in abeyance any
coercive steps against the petitioner in respect of
sale of pooja articles in Kadakkal Peedika Devaswom
in Kadakkal Temple, till expiry of the time limit fixed
WP(C).No.20815 OF 2021
in this judgment for the 1st respondent to consider
and take an appropriate decision on Ext.P6
representation, in case the petitioner remits a sum of
Rs.50,000/- with the 5th respondent, within one week
from the date of this judgment (01.10.2021).
Sd/-
ANIL K. NARENDRAN
JUDGE
Sd/-
K. BABU
JUDGE
SSK/01/10
WP(C).No.20815 OF 2021
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF BID SUBMISSION
CONFORMATION LETTER DATED 20.03.2021.
EXHIBIT P2 A TRUE COPY OF THE RECIEPTS OF PAYMENT
PAID BY THE PETITIONER.
EXHIBIT P3 A TRUE COPY OF THE RECIEPTS OF PAYMENT
PAID BY THE PETITIONER.
EXHIBIT P4 A TRUE COPY OF THE CERTIFICATE ISSUED BY
THE SECRETARY KADAKKAL GRAMA PANCHAYAT.
EXHIBIT P5 A TRUE COPY OF THE NOTICE VIDE
NO.R.OC.NO.459/21 N.S. DATED 19.07.2021
ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P6 A TRUE COPY OF THE REPRESENTATION DATED
24.08.2021 FILED BY THE PETITIONER BEFORE
THE 1ST AND 4TH RESPONDENTS.
RESPONDENTS' EXHIBITS: NIL
