Kerala High Court

Mangalanandan vs The Travancore Devaswom Board on 29 October, 2021

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
        THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
                             &
         THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
FRIDAY, THE 29TH DAY OF OCTOBER 2021 / 7TH KARTHIKA, 1943
                  WP(C) NO. 20550 OF 2021
PETITIONER:

          MANGALANANDAN
          AGED 61 YEARS
          SON OF NARAYANAN, PARUTHITHARA HOUSE, KOMANA,
          AMBALAPPUZHA,
          ALAPPUZHA DISTRICT-688561.
          BY ADV:
          SRI.S.R.SREEJITH

RESPONDENTS:

    1     THE TRAVANCORE DEVASWOM BOARD
          REPRESENTED BY ITS SECRETARY,
          NANTHANCODE, KAWDIAR.P.O, THIRUVANANTHAPURAM-
          695003.
    2     THE DEVASWOM COMMISSIONER,
          TRAVANCORE DEVASWOM BOARD, NANTHANCODE,
          KAWDIAR.P.O,
          THIRUVANANTHAPURAM-695003.
    3     THE ASSISTANT DEVASWOM COMMISSIONER
          HARIPAD GROUP, TRAVANCORE DEVASWOM BOARD,
          NANTHANCODE,
          KAWDIAR.P.O, THIRUVANANTHAPURAM-695003.
    4     ADMINISTRATIVE OFFICER,
          AMBALAPPUZHA DEVASWOM, DEVASWOM OFFICE,
          AMBALAPPUZHA-688561.
          BY ADV: SRI.G.BIJU,SC,TRAVANCORE DEVASWOM BOARD

     THIS WRIT PETITION (CIVIL) HAVING COME UP            FOR
ADMISSION ON 29.10.2021, THE COURT ON THE SAME            DAY
DELIVERED THE FOLLOWING:
                                 2
WP(C) NO. 20550 OF 2021




                       JUDGMENT

Anil K. Narendran, J

The petitioner, who is the successful bidder for sale of

pooja/offerings articles in Sree Krishna Swami Temple at

Ambalappuzha for the financial year 2021-22, for a sum of

Rs.40,00,000/-(Rupees Forty Lakhs), has filed this writ petition

under article 226 of the Constitution of India seeking a writ of

mandamus commanding the 4th respondent, Administrative

Officer, Ambalapuzha Devaswom, to grant him time for paying

the amount as directed in Ext.P3 notice dated 14.09.2021, in

12 monthly installments or atleast within a period of six

months. The petitioner has also sought for an order directing

the 1st respondent to extend the period of agreement by a

further period of six months considering the closing of temple

due to the lock down and the restrictions imposed by the

Government on gathering of public; and an order directing the

WP(C) NO. 20550 OF 2021

1st respondent to consider Ext.P2 representation taking into

account the situation due to COVID 19 pandemic and grant

time to the petitioner for remitting the amount as reflected in

Ext.P3 notice.

2. On 29.09.2021, when this writ petition came up for

admission, the learned Standing Counsel for Travancore

Devaswom Board was directed to get instructions as to the

auction amount during the previous years, for the sale of pooja

articles in Sree Krishna Swami Temple, Ambalappuzha.

3. On 30.09.2021, when this writ petition came up for

consideration, the learned Standing Counsel for Travancore

Devaswom Board, on instructions, submitted that the auction

amount for the sale of pooja articles in Sree Krishna Swamy

Temple, Ambalappuzha, was Rs.55,08,559/- for the year 2019-

20 and Rs.53,32,000/- for the year 2020-21. As per the tender

conditions, out of the auction amount of Rs.40,00,000/- for the

year 2021-22, the petitioner remitted a sum of Rs.20,00,000/-

WP(C) NO. 20550 OF 2021

at the time of confirmation of auction, i.e., in March, 2021.

However, he defaulted the payment of 2 nd and 3rd instalments,

at the rate of Rs.10,00,000/- each, payable on 30.04.2021 and

31.07.2021. Considering COVID pandemic situation prevailing

in the State, the Board has extended the time for payment of

the second instalment till 31.08.2021 and that for third

instalment till 30.09.2021. The petitioner has not chosen to

make payment of the defaulted instalments, even within the

extended period granted by the Board.

4. On 07.10.2021, the learned counsel for the

petitioner submitted that the petitioner has remitted a further

sum of Rs.5,00,000/- (Rupees Five Lakhs) on 03.10.2021. The

learned counsel sought consideration of Ext.P2 representation

by the Secretary of the 1st respondent, Travancore Devaswom

Board. The learned Standing Counsel for the Board pointed out

that Ext.P2 representation is not one addressed to the

Secretary of the 1st respondent.

WP(C) NO. 20550 OF 2021

5. Along with I.A.No.1 of 2021, the petitioner has

placed on record Ext.P4 representation dated 14.09.2021,

submitted before the 2nd respondent Deputy Devaswom

Commissioner, with a copy to the Secretary of the 1 st

respondent Travancore Devaswom Board, wherein a request

has been made for payment of the balance amount in 12 equal

monthly installments and also to exempt from payment of rent

for a period of four months. The document marked as Ext.P5 is

a receipt regarding payment of a sum of Rs.5,00,000/- on

03.10.2021, towards the balance amount payable.

6. Heard the learned counsel for the petitioner and also

the learned Standing Counsel for Travancore Devaswom Board

for respondents 1 to 4.

7. The learned counsel for the petitioner would confine

the relief sought for in this writ petition as one for

consideration of Ext.P4 representation. The learned Standing

Counsel for Travancore Devaswom Board would submit that the

WP(C) NO. 20550 OF 2021

1st respondent will consider and pass orders on Ext.P4

representation within a time limit that may be fixed by this

Court.

8. In such circumstances, this writ petition is disposed

of with the following directions;

(i) Within two weeks from the date of this judgment, the petitioner shall remit a sum of Rs.7,50,000/- with the 4th respondent Administrative Officer, towards his liability to pay the 2 nd and 3rd instalments, in terms of the tender conditions for sale of pooja articles at Sree Krishna Swamy Temple, Ambalappuzha for the year 2021-22. On such payment being made, the 1 st respondent shall consider and pass appropriate orders on Ext.P4 representation made by the petitioner, strictly in accordance with law, as expeditiously as possible, at any rate, within a further period of two weeks.

(ii) The 4th respondent shall keep in abeyance any coercive steps against the petitioner in respect of sale of pooja articles in Sree Krishna Swamy Temple, Ambalappuzha, till expiry of the time limit fixed in this judgment for the 1 st respondent

WP(C) NO. 20550 OF 2021

to consider and take an appropriate decision on Ext.P4 representation, in case the petitioner remits a sum of Rs.7,50,000/- with the 4 th respondent, within two weeks from the date of this judgment (29.10.2021).

The petitioner shall produce a certified copy of this

judgment and also a copy of this writ petition and also a copy

of I.A.No.1 of 2021 before the Secretary of the Travancore

Devaswom Board.

Sd/-

ANIL K.NARENDRAN JUDGE

Sd/-

P.G. AJITHKUMAR JUDGE PV

WP(C) NO. 20550 OF 2021

PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE ORDER ISSUED BY THE GOVERNMENT DECLARING LOCK DOWN IN THE STATE.DT.21.5.2021 Exhibit P2 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT ON 27.7.2021 Exhibit P3 TRUE COPY OF THE NOTICE ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER DATED 14-9-2021.

Exhibit P4 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE DEPUTY DEVASWOM COMMISSIONER, HARIPAD GROUP ON 14-09-2021 Exhibit P5 TRUE COPY OF THE RECEIPT ISSUED BY THE DEVASWOM TO THE PETITIONER TOWARDS THE PAYMENT OF RS.5 LAKHS DATED 03-10-2021