Full Judgment
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 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:
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 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/- 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.
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 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 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 APPENDIX OF WP(C) 20550/2021 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