Udayakumar S v. State Of Kerala - Kerala High Court, 6 Oct 2023

Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN & THE HONOURABLE MRS. JUSTICE SOPHY THOMAS FRIDAY, THE 6TH DAY OF OCTOBER 2023 / 14TH ASWINA, 1945 WP(C) NO. 31339 OF 2023 PETITIONER/S:

S.VIJAYAKUMAR AGED 53 YEARS S/O. N.SIVARAMA PILLAI, SARASWATHI SADANAM, PUTHIYAVILA P.O., KANDALLOOR, ALAPPUZHA, PIN - 690531

BY ADVS.

MANU GOVIND AISWARYA V.

RESPONDENTS:

1 THE STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT REVENUE (DEVASWOM) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 THE TRAVANCORE DEVASWOM BOARD REPRESENTED BY ITS SECRETARY, NANTHANCODE KOWDIAR P O, THIRUVANANTHAPURAM, PIN - 695003 3 THE DEVASWOM COMMISSIONER TRAVANCORE DEVASWOM BOARD, NANTHANCODE KOWDIAR P.

O.,THIRUVANANTHAPURAM, PIN - 695003 4 THE EXECUTIVE OFFICER SABARIMALA, TRAVANCORE DEVASWOM BOARD, SABARIMALA, PATHANAMTHITTA, PIN - 689662 5 SRI.MAHIN KANNU PANACHIKODE HOUSE, BALARAMAPURAM P.O.

THIRUVANANTHAPURAM, PIN - 695501

2 W.P.(C)No.31339 of 2023, etc.

6 ADDL.R6 SRI. SREEKUMAR, PACHIKODE, PUTHENVEEDU, VAZHIMUKKU, BALARAMAPURAM PO, THIRUVANANTHAPURAM -695501. IS IMPLEADED AS ADDITIONAL R6 AS PER ORDER DATED 4/10/2023 IN IA 3/2023 IN THE WP(C) 7 ADDL. R7. JANARDHANAN UNNITHAN, JAYABHAVANAM, PALLICKAL, PANAYIL, NOORANAND, ALAPPUZHA -690503. IS IMPLEADED AS ADDITIONAL R7 AS PER ORDER DATED 4/10/2023 IN IA 3/2023 IN THE WP(C) 8 ADDL. R8. SHYJU U., ATHIKKATTUKULANGARA, PALAMEL, NOORANAD, ALAPPUZHA- 690504 IS IMPLEADED AS ADDITIONAL R8 AS PER ORDER DATED 4/10/2023 IN IA 3/2023 IN THE WP(C) ADDL. R6 TO R8 IMPLEADED VIDE SIDE LEAF AS PER ORDER DATED 04.10.2023 IN I.A.3/2023 IN THE WP(C).

9 SENIOR DEPUTY DIRECTOR, KERALA STATE AUDIT DEPARTMENT, TRAVANCORE DEVASWOM AUDIT, NANTHANCODE, THIRUVANANTHAPURAM-695 003 IS SUO MOTU IMPLEADED AS ADDITIONAL 9TH RESPONDENT AS PER THE ORDER DATED 06.10.2023 IN W.P.(C)NO.31339 OF 2023

BY ADVS.

No Advocate RASHEED C.NOORANAD

OTHER PRESENT:

SRI S. RAJMOHAN- SR GOVERNMENT PLEADER ; SRI G.BIJU - STANDING COUNSEL - TRAVANCORE DEVASWOM BOARD , SRI D.AJITH KUMAR - R5 AND R6 , SRI RAMAN KARTHA - FOR R7 ; SRI RASHEED NOORANAD - FOR R8

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06.10.2023, ALONG WITH WP(C).31988/2023, 32051/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

3 W.P.(C)No.31339 of 2023, etc.

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN & THE HONOURABLE MRS. JUSTICE SOPHY THOMAS FRIDAY, THE 6TH DAY OF OCTOBER 2023 / 14TH ASWINA, 1945 WP(C) NO. 31988 OF 2023 PETITIONER/S:

ANISH RAJ AGED 40 YEARS S/O VIJAYARAJAN, RAJ BHAVANAM (H), THUVIYOOR NORTH, MANAKKALA P.O, ADOOR PATHANAMTHITTA DISTRICT, PIN - 691551

BY ADVS.

MANU RAMACHANDRAN M.KIRANLAL T.S.SARATH R.RAJESH (VARKALA) SAMEER M NAIR SAILAKSHMI MENON ABHISHEK JOHNSON

RESPONDENT/S:

1 THE TRAVANCORE DEVASWOM BOARD REPRESENTED BY ITS SECRETARY OFFICE OF TRAVANCORE DEVASWOM BOARD, NANTHANCODE, THIRUVANANTHAPURAM DISTRICT, PIN - 695034 2 THE DEVASWOM COMMISSIONER OFFICE OF TRAVANCORE DEVASWOM BOARD, NANTHANCODE, THIRUVANANTHAPURAM DISTRICT, PIN - 695034 3 THE EXECUTIVE OFFICER SABARIMALA DEVASWOM, TRAVANCORE DEVASWOM BOARD, PAMPA THRIVENI P.O, PATHANAMTHITTA DISTRICT, PIN - 689652 4 THE SPECIAL OFFICER (TENDERS) OFFICE OF SPECIAL OFFICER (TENDERS), EXECUTIVE

4 W.P.(C)No.31339 of 2023, etc.

OFFICE, TRAVANCORE DEVASWOM BOARD, SABARIMALA, PATHANAMTHITTA DISTRICT, PIN - 689713 5 JANARDHARAN UNNITHAN JAYA BHAVANAM, PALLICKAL, PANAYIL, NOORANAD P.O., ALAPPUZHA DISTRICT, PIN - 690504 6 MAHEEN KANNU AGED 50 YEARS S/O ADIMA KANNU, S. H. MANJADI VEEDU, THIRUVALLAM VILLAGE, THIRUVANANTHAPURAM DISTRICT & NOW RESIDING AT MAK MANZIL, MOTTAMOODU, PALLICHAL VILLAGE, BALARAMAPURAM, THIRUVANANTHAPURAM DISTRICT, PIN - 695501 7 SREEKUMAR PACHIKODU PUTHENVEEDU, VAZHIMUKKU, BALARAMAPURAM P.O., THIRUVANANTHAPURAM DISTRICT, PIN - 695501 8 SENIOR DEPUTY DIRECTOR, KERALA STATE AUDIT DEPARTMENT, TRAVANCORE DEVASWOM AUDIT, NANTHANCODE, THIRUVANANTHAPURAM-695 003 IS SUO MOTU IMPLEADED AS ADDITIONAL 8TH RESPONDENT AS PER THE ORDER DATED 06.10.2023 IN W.P.(C)NO.31988 OF 2023

SRI S. RAJMOHAN- SR GOVERNMENT PLEADER ; SRI G.BIJU - STANDING COUNSEL - TRAVANCORE DEVASWOM BOARD

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06.10.2023, ALONG WITH WP(C).31339/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

5 W.P.(C)No.31339 of 2023, etc.

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN & THE HONOURABLE MRS. JUSTICE SOPHY THOMAS FRIDAY, THE 6TH DAY OF OCTOBER 2023 / 14TH ASWINA, 1945 WP(C) NO. 32051 OF 2023 PETITIONER/S:

ABDUL RAZAK HILAL AGED 49 YEARS AGED 49 S/O ABDUL RAZAK THAIPARAMBIL, IRAVUKAD THIRUVAMPADY P.O, ALAPPUZHA- 688002 (PROPRIETOR- HADSA AGENCIES, ALAPPUZHA), PIN - 688002

BY ADVS.

K.SASIKUMAR S.ARAVIND P.S.RAGHUKUMAR

RESPONDENT/S:

1 TRAVANCORE DEVASWOM BOARD REPRESENTED BY ITS SECRETARY, NANTHANCODE, THIRUVANANTHAPURAM., PIN - 695003 2 THE DEVASWOM COMMISSIONER TRAVANCORE DEVASWOM BOARD NANTHANCODE, THIRUVANANTHAPURAM, PIN - 695003 3 EXECUTIVE OFFICER, SABARIMALA EXECUTIVE OFFICER, SABARIMALA TRAVANCORE DEVASWOM BOARD SABARIMALA SANNIDHANAM PATHANAMTHITTA DISTRICT., PIN - 689713 4 KERALA STATE IT MISSION REPRESENTED BY ITS DIRECTOR E-GOVERNMENT PROCUREMENT PMU SAANKETHIKA, NEAR EPF OFFICE, VRINDAVAN GARDENS PATTOM, THIRUVANANTHAPURAM E- MAIL- ETENDERSHELP@KERALA.GOV.IN IMPLEADED AS PER ORDER DATED 06.10.2023 IN I.A.NO.1

6 W.P.(C)No.31339 of 2023, etc.

OF 2023 IN W.P.(C)NO.32051 OF 2023 5 SENIOR DEPUTY DIRECTOR, KERALA STATE AUDIT DEPARTMENT, TRAVANCORE DEVASWOM AUDIT, NANTHANCODE, THIRUVANANTHAPURAM-695 003 IS SUO MOTU IMPLEADED AS ADDITIONAL 5TH RESPONDENT AS PER THE ORDER DATED 06.10.2023 IN W.P.(C)NO.32051 OF 2023

BY ADVS.

Biju No Advocate SRI S. RAJMOHAN- SR GOVERNMENT PLEADER ; SRI G.BIJU - STANDING COUNSEL - TRAVANCORE DEVASWOM BOARD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06.10.2023, ALONG WITH WP(C).31339/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

7 W.P.(C)No.31339 of 2023, etc.

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN & THE HONOURABLE MRS. JUSTICE SOPHY THOMAS FRIDAY, THE 6TH DAY OF OCTOBER 2023 / 14TH ASWINA, 1945 WP(C) NO. 32053 OF 2023 PETITIONER/S:

ANOOP RAJ AGED 46 YEARS S/O GANGADHARAN NAIR KOTTANGAPARAMBIL, PERUMBALAM P.O, ALAPPUZHA- 688570 (PROPRIETOR- AR AGENCIES, ALAPPUZHA), PIN - 688570

BY ADVS.

K.SASIKUMAR S.ARAVIND P.S.RAGHUKUMAR

RESPONDENT/S:

1 TRAVANCORE DEVASWOM BOARD REPRESENTED BY ITS SECRETARY, DEVASWOM HEADQUARTERS, DEWASWOM BUILDINGS NANTHANCODE, THIRUVANANTHAPURAM, PIN - 695003 2 THE DEVASWOM COMMISSIONER DEVASWOM HEADQUARTERS. TRAVANCORE DEVASWOM BOARD NANTHANCODE, THIRUVANANTHAPURAM, PIN - 695003 3 EXECUTIVE OFFICER, SABARIMALA OFFICE OF THE EXECUTIVE OFFICER TRAVANCORE DEVASWOM BOARD SABARIMALA SANNIDHANAM PATHANAMTHITTA DISTRICT., PIN - 689662 4 KERALA STATE IT MISSION REPRESENTED BY THE DIRECTOR, E-GOVERNMENT PROCUREMENT PMU, SAANKETHIKA, NEAR E.P.F. OFFICE, VRINDAVAN GARDENS, PATTOM, THIRUVANANTHAPURAM E- MAIL : ETENDERSHELP@KERALA.GOV.IN

8 W.P.(C)No.31339 of 2023, etc.

IMPLEADED AS PER ORDER DATED 06.10.2023 IN I.A.NO.1 OF 2023 IN W.P.(C)NO.32053 OF 2023 5 SENIOR DEPUTY DIRECTOR, KERALA STATE AUDIT DEPARTMENT, TRAVANCORE DEVASWOM AUDIT, NANTHANCODE, THIRUVANANTHAPURAM-695 003 IS SUO MOTU IMPLEADED AS ADDITIONAL 5TH RESPONDENT AS PER THE ORDER DATED 06.10.2023 IN W.P.(C)NO.32053 OF 2023

BY ADVS.

9 W.P.(C)No.31339 of 2023, etc.

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN & THE HONOURABLE MRS. JUSTICE SOPHY THOMAS FRIDAY, THE 6TH DAY OF OCTOBER 2023 / 14TH ASWINA, 1945 WP(C) NO. 32085 OF 2023 PETITIONER/S:

UDAYAKUMAR S AGED 54 YEARS S/O SADANANDAN PILLAI P., (PROPRIETOR, KRISHNA AND COMPANY, AYUR, KOLLAM), KRISHNAKRIPA, A. K. G.

JUNCTION, NALLARA, ELAMADU P.O., KOLLAM DISTRICT., PIN - 691533

BY ADVS.

JITHIN BABU A ARUN SAMUEL

RESPONDENT/S:

1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, REVENUE (DEVASWOM) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM DISTRICT, PIN - 695001 2 TRAVANCORE DEVASWOM BOARD - TDB REPRESENTED BY ITS SECRETARY, OFFICE OF THE TRAVANCORE DEVASWOM BOARD, NANTHANCODE, THIRUVANANTHAPURAM DISTRICT, PIN - 695034 3 THE DEVASWOM COMMISSIONER OFFICE OF THE TRAVANCORE DEVASWOM BOARD, NANTHANCODE, THIRUVANANTHAPURAM DISTRICT, PIN - 695034 4 THE EXECUTIVE OFFICER SABARIMALA DEVASWOM, TRAVANCORE DEVASWOM BOARD, PAMPA THRIVENI P. O., PATHANAMTHITTA, PIN - 689652

10 W.P.(C)No.31339 of 2023, etc.

5 DEPUTY DIRECTOR LOCAL FUND AUDIT, TRAVANCORE DEVASWOM BOARD AUDIT, NANTHANCODE, THIRUVANANTHAPURAM DISTRICT, PIN - 695003 6 THE SPECIAL OFFICER (TENDERS) OFFICE OF THE SPECIAL OFFICER (TENDERS), EXECUTIVE OFFICE, TRAVANCORE DEVASWOM, SABARIMALA, PATHANAMTHITTA, PIN - 689713 7 JANARDHARAN UNNITHAN JAYA BHAVANAM, PALLICKAL, PANAYIL, NOORANAD P.O., ALAPPUZHA DISTRICT, PIN - 690504 8 MAHEEN KANNU AGED 50 YEARS,S/O ADIMA KANNU, RESIDING AT S. H.

MANJADI VEEDU, THIRUVALLAM VILLAGE, THIRUVANANTHAPURAM DISTRICT, NOW RESIDING AT MAK MANZIL, MOTTAMOODU, PALLICHAL VILLAGE, BALARAMAPURAM, THIRUVANANTHAPURAM DISTRICT, PIN - 695501 9 SREEKUMAR PACHIKODU PUTHENVEEDU, VAZHIMUKKU, BALARAMAPURAM P.O., THIRUVANANTHAPURAM DISTRICT, PIN - 695501 10 SENIOR DEPUTY DIRECTOR, KERALA STATE AUDIT DEPARTMENT, TRAVANCORE DEVASWOM AUDIT, NANTHANCODE, THIRUVANANTHAPURAM-695 003 IS SUO MOTU IMPLEADED AS ADDITIONAL 10TH RESPONDENT AS PER THE ORDER DATED 06.10.2023 IN W.P.(C)NO.32085 OF 2023

BY ADV BIJU SRI S. RAJMOHAN- SR GOVERNMENT PLEADER ; SRI G.BIJU - STANDING COUNSEL - TRAVANCORE DEVASWOM BOARD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06.10.2023, ALONG WITH WP(C).31339/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

11 W.P.(C)No.31339 of 2023, etc.

JUDGMENT Anil K. Narendran, J.

The common issue raised in these writ petitions relates to the auctioning of Kuthaka rights in Sabarimala Devaswom during Mandala-Makaravilakku festival season of 1199 ME (2023-2024), for the period from 11.11.2023 till 31.10.2024, based on an e-tender notification dated 24.08.2023 issued by the Executive Officer, Sabarimala, list of Kuthaka items dated 24.08.2023 and general and special conditions dated 24.08.2023.

1.1. W.P.(C)No.31339 of 2023 is one filed by S.Vijayakumar, who was desirous of participating in the e-tender process pursuant to e-tender notification dated 24.08.2023 issued by the Executive Officer, Sabarimala. The list of Kuthaka items dated 24.08.2023 is placed on record as Ext.P1 and the general and special conditions, which form part of e-tender notification dated 24.08.2023 is marked as Ext.P2. The grievance of the petitioner is in respect of clause (7) of Ext.P2 general conditions, which insists Income Tax returns for a period of three years and GST registration with summary statement for three years as an eligibility condition for participating in the e-tender process. Clause (3) of the general conditions provides for disqualification of defaulters and persons who are blacklisted by the Travancore Devaswom Board. Clauses (3) and (7) of Ext.P2 general

12 W.P.(C)No.31339 of 2023, etc.

conditions, which form part of the e-tender notification dated 24.08.2023 read thus;

“(3). ടെൻഡറിൽ പങ്കെടുക്കുന്നവർ ുക്കുന്നവർ 1500/- രൂപ രജിസ്ട്രേഷൻ ഫീ ഷൻ ഫീ ഓൺലൈൻ ആയി അടക്കേണ്ടതാണ് ണ്ടതാണ്. ടി തുക തിരികെ ലഭിക്കുന്നതല്ല.

അപ്രകാരം ഹാജരാക്കാത്തവരെയുംയും, നിരത ദ്രവ്യം യം ഹാജരാക്കാത്തവരെയും യും, സാധാരണ വ്യവസ്ഥകൾ അനുസരിച്ച് യവസ്ഥകൾ അനുസരിച്ച് ടെൻഡറിൽ പങ്കെടുപ്പിക്കുവാ ൻ യോഗ്യത ഇല്ലാത്തവരെയും യും ടെൻഡറിൽ ചേരാൻ അനുവദിക്കുന്നതല്ല ല. മേൽപ്പറഞ്ഞ യോഗ്യതകൾ ഗ്യതകൾ ഉണ്ടായിരുന്നാലും ടെൻഡറിൽ ഏതെങ്കിലും ും വ്യക്തിയെ ചേർക്കുകയോ ചേർക്കാതിരിക്കുകയോ ച െയ്യുന്നതിന് ട െൻഡർ സ ്വീകരിക്കുന്ന വീകരിക്കുന്ന ഉദ്യോഗസ്ഥന് പരിപൂർണ്ണ അധികാരം ഉണ്ടായിരിക്കുന്നതാണ് സ്ഥന് പരിപൂർണ്ണ അധികാരം ഉണ്ടായിരിക്കുന്നതാണ്. ഈ വ്യവസ്ഥകൾ നടപ്പ് കോൺട്രാക്ടർമാർക്കും ബാധകമായിരിക്കുംായിരിക്കും.

മുൻകുടിശ്ശികക്കാിശ്ശികക്കാരെയുംയും, ബ്ലാക്ക് ലിസ്റ്റ് ചെയ്തവരെയും യാതൊരു രു കാരണവശാലും ടെൻഡറിൽ പങ്കെടുപ്പിക്കുന്നതല്ല ല. ഓപ്പൺ ലേലം ം നടക്കുന്ന വേളയിൽ ളയിൽ ലേലഹാളിൽ പ്രവേശിച്ച് ലേലത്തിൽ ത്തിൽ പങ്കെടുക്കുന്നതിന് കുത്തക ഷെഡ്യൂളുകളിൽ ഓരോ ഇനങ്ങളുടെ ഇനങ്ങളുടെ നേരെ രേഖപ്പെടുത്തിയിട്ടുള്ള നിരതദ്രവ്യ തുകകൾ യ തുകകൾ (അടിസ്ഥാനലേല

തുകയുടെ പത്തു ശതമാനംാനം) കെട്ടിവയ്ക്കേണ്ടതുംണ്ടതും, ലേലഹാളിൽ ലേലം ം കൊള്ളാത്തവരുടെ ത ുക അ ന്നേ ദിവസത്തെ ലേല ന ടപടികൾ ികൾ പൂർണ്ണമായി കഴിയുന്ന മുറയ്ക്ക് തിരികെ നൽകുന്നതും

നൽകുന്നതും ആയിരിക്കും.

നൽകുന്നതും ആയിരിക്കും ലേലത്തിൽ ത്തിൽ പങ്കെടുക്കുന്നവർക്ക ് മൊബൈൽ ഫോൺ ഉപയോഗിക്കാൻ ിക്കാൻ പാടില്ലാത്തതാണ് ലാത്തതാണ്.”

xxx

xxx “(7). ഇ-ടെൻഡർ സമർപ്പിക്കുന്നവർ ആധാർ കാർഡിന്റെ പകർപ്പ് പകർപ്പ്, ഫോൺ നമ്പർൺ നമ്പർ, കുത്തകക്കാരന്റെ ഇൻകംടാക്സ് റിട്ടേൺസ്

വിവരങ്ങൾ (മൂന്ന് വർഷത്തെ അക്കൗണ്ട്സ് ഓഡിറ്റ് റിപ്പോർട്ട് ർട്ട് വിത്ത് ടാക്സ്

അക്നോലജ്‌ ജ്‌മെന്റ് , യുഡിഐ.എൻ (യൂണിക് ഡോക്യുമെന്റ് ഐഡന്റിഫിക്കേഷൻ നമ്പർഷൻ നമ്പർ) ഉണ്ടെങ്കിൽ ആയതുംിൽ ആയതും) എ, ബി (ലേലത്തുക ത്തുക 20 ലക്ഷത്തിന് മുകളിലുള്ളവുള്ളവ) കാറ്റഗറികളിലെ

ഇനങ്ങൾക്ക് കുത്തക ഏറ്റെടുക്കുന്നവര് ജി.എസ്.ടി. രജിസ്ട്രേഷൻ ഷൻ നേടിയിരിക്കേണ്ടതും ജി. എസ്.ടി. ി. രജിസ്ട്രേഷൻ നമ്പരുംഷൻ നമ്പരും, മൂന്ന് ൂന്ന് വർഷത്തെ ജി.എസ്.ടി. സമ്മറി സ്റ്റേറ്റ്മെന്റ് വിവരങ്ങൾ ് വിവരങ്ങൾ എന്നിവ നിർബന്ധമായും ഇ ായും ഇ-ടെന്ററിനോടൊപ്പം പ്പം ഓൺലൈനായി സമർപ്പിക്കേണ്ടതാണ്. ടെൻഡർണ്ടതാണ്.

ടെൻഡർ സമർപ്പിക്കുന്ന ർപ്പിക്കുന്ന വ്യക്തിയുടെയക്തിയുടെ/സ്ഥാപനത്തിന്റെ പേര് സാക്ഷ്യപ്പെടുത്തുന്ന ുത്തുന്ന തിരിച്ചറിയൽ രേഖ തന്നെ ഇ-ടെന്ററിനോടൊപ്പം ഓൺലൈനായി പ്പം ഓൺലൈനായി സമർപ്പിക്കേണ്ടതാണ്.ണ്ടതാണ്.”

1.2 The grievance of the petitioner is that on account of the

13 W.P.(C)No.31339 of 2023, etc.

insistence of Income Tax returns for a period of three years and GST registration with summary statement for three years in clause (3) of the general conditions in Ext.P2, he could not participate in the e- auction for the Kuthaka item No.35 in Ext.P1 list. In the e-tender process pursuant to e-tender notification dated 24.08.2023, respondents 5 to 8, namely, Mahin Kannu, Sreekumar, Janardhanan Unnithan and Shyju U., were declared as highest bidders in respect of certain Kuthaka items, as evident from paragraph (1) of Ext.P3 order dated 21.09.2023 of the Travancore Devaswom Board.

Paragraph (1) of Ext.P3 reads thus;

“(1) നിലവിൽ ക്വോട്ട് ചെയ്ത തുകകളിൽ ഏറ്റവും ഉയർന്ന തുക യ്ത തുകകളിൽ ഏറ്റവും ഉയർന്ന തുക ക്വോട്ട് ചെയ്തിട്ടുള്ളതും യ്തിട്ടുള്ളതും (11.1) ബോർഡ് നിഷ്‌ ർഡ് നിഷ്‌കർഷിച്ചിട്ടുള്ള എല്ലാ ലാ മാനദണ്ഡങ്ങളും പാലിച്ചിട്ടുള്ളതുമായ കുത്തക ക്രമ നമ്പർ നമ്പർ 8, 14, 16, 35, 38, 42, 46, 71, 84A, 88, 95, 100, 111, 119, 126, 130, 140, 141, 155, 87, 26, 99, 23, 125, 151, 77, 81 എന്നിവ അതാതു വ്യക്തികൾക്കോ സ്ഥാപനങ്ങൾക്കോ അനുവദിച്ചു ഉത്തരവാകുന്നു.

ിച്ചു ഉത്തരവാകുന്നു.” According to the petitioner, the said respondents do not fulfill the eligibility criteria prescribed in clause (7) of the general conditions, since they failed to submit the Income Tax returns and GST statement for a period of three years. Moreover, the 8th respondent, namely, Shyju U., is a defaulter, who defaulted payment of balance bid amount in respect of a Kuthaka item in Sabarimala Devaswom for the year 2020-21, who is the defendant in O.S.No.22 of 2021 filed by the Travancore Devaswom Board, which is pending before

14 W.P.(C)No.31339 of 2023, etc.

the Sub Court, Pathanamthitta.

1.3 As per Ext.P3 order dated 21.09.2023, the Travancore Devaswom Board authorised the Devaswom Commissioner to conduct re-e-tender in respect of Kuthaka items other than those mentioned in paragraph (1). Paragraph (2) of Ext.P3 order reads thus;

“(2) മറ്റുള്ള ഇനങ്ങൾ റ്റുള്ള ഇനങ്ങൾ റി ടെൻഡർ ചെയ്യുന്നതിന് തുടർനടപടി ി സ്വീകരിക്കുന്നതിനായി വീകരിക്കുന്നതിനായി ദേവസ്വം വം കമ്മീഷണറെ ചുമതലപ്പെടുത്തി ുത്തി ഉത്തരവാകുന്നു “ Another grievance of the petitioner is regarding paragraph (3) of Ext.P3 order, whereby the condition in clause (7) of Ext.P2 general conditions, which insisted Income Tax returns for a period of three years and GST registration with summary statement for three years was relaxed, whereby it is provided that in the case of Kuthaka items above Rs.20 Lakhs, GST registration alone is required and as per paragraph (5) of Ext.P3 order it is provided that instead of Income Tax returns for a period of three years, production of Income Tax returns for the previous year alone is necessary. Paragraph Nos.(3) and (5) of Ext.P3 order read thus;

“(3) 20 ലക്ഷത്തിന് മുകളിലുള്ള കുത്തകക്കാർക്ക് മൂന്ന് വർഷത്തെ ജി. എസ്.ടി. സമ്മറി സ്റ്റേറ്റ്മെൻറ് വേണമെന്ന നിബന്ധന ഇളവ് ന്ന നിബന്ധന ഇളവ് ചെയ്ത് ജി് ജി.എസ്.ടി രജിസ്ട്രേഷൻ ഉണ്ടായിരിക്കണമെന്ന വ്യവസ്ഥ യവസ്ഥ മാത്രം ഉൾപ്പെടുത്തി ലേല നിബന്ധന ഭേദഗതി ചെയ്യുന്നതിന് യ്യുന്നതിന് അനുവദിച്ച് ഉത്തരവാകുന്നുിച്ച് ഉത്തരവാകുന്നു.”

xxx

xxx “(5) എല്ലാ കാറ്റഗറിയിലും ഉൾപ്പെട്ട ഇനങ്ങൾക്ക് ടാക്സ് സംബന്ധമായ ായ (ഇൻകം ടാക്സ് റിട്ടേൺസ് അനുബന്ധരേഖകൾ ഖകൾ)

15 W.P.(C)No.31339 of 2023, etc.

സമർപ്പിക്കുന്നത് സംബന്ധിച്ചുള്ള വ്യവസ്ഥയിൽ മൂന്നുവർഷത്തെ ഇൻകം ടാക്സ് റിട്ടേൺസ് എന്നത് മാറ്റി മുൻവർഷത്തെ ഇൻകം ഇൻകം ടാക്സ് റിട്ടേൺസ് ഹാജരാക്കിയാൽ മതിയെന്ന് ന്ന് (5,00,000 രൂപവരെ

ലേലം കൊള്ളുന്ന വ ്യക്തികൾക്ക് ഐടിആർ ിആർ നിർബന്ധമായിരിക്കില്ല ല) ലേല നിബന്ധന ഭേദഗതി ചെയ്യുന്നതിന് യ്യുന്നതിന് ദേവസ്വം കമ്മീഷണറെ ചുമതലപ്പെടുത്തി ഉത്തരവാകുന്നുത്തി ഉത്തരവാകുന്നു.”

1.4 According to the petitioner, he is denied an opportunity to participate in the e-tender process pursuant to the e-tender notification dated 24.08.2023 on account of the qualifying criteria in clause (7) of Ext.P2 general conditions, which has been later relaxed vide Ext.P3 order dated 21.09.2023. Further, respondents 5 to 8, who failed to fulfil the qualifying criteria by submitting Income Tax returns and GST statement for a period of three years and the 8th respondent, who is a defaulter of in respect of a Kuthaka item in Sabarimala Devaswom for the year 2020-21, were permitted to participate in the e-tender process and they are declared as successful bidders in respect of the items referred to in paragraph (1) of Ext.P3 order. In this writ petition, the petitioner is seeking a writ of mandamus commanding the 2nd respondent to re-e-tender all items in Ext.P1 list of Kuthaka items within a time frame to be fixed by this Court; a declaration that acceptance of respondents 5 to 8 as the successful tenderer in the respective Kuthaka items is illegal and to direct the 2nd respondent to re-e-tender such Kuthaka items; and a writ of certiorari to quash paragraph No.1 of Ext.P3 order dated 21.09.2023, whereby it decides to confirm certain

16 W.P.(C)No.31339 of 2023, etc.

Kuthaka items in paragraph (1) of that order.

1.5. On 26.09.2023, when this writ petition came up for admission, the learned Standing Counsel for Travancore Devaswom Board sought time to get instructions. The petitioner filed I.A.No.3 of 2023 for impleadment and I.A.No.4 of 2023 for amendment, which were allowed by the order dated 04.10.2023.

1.6. On 04.10.2023, the learned Senior Government Pleader took notice on admission for the 1st respondent, the learned Standing Counsel for respondents 2 to 4. Urgent notice on admission by special messenger was ordered to respondents 5 to 8.

1.7 Today, when this matter is taken up for consideration, Adv.Sri.D.Ajith Kumar enters appearance for respondents 5 and 6, Adv.Sri.Raman Kartha enters appearance for the 7th respondent and Adv.Sri.Rasheed C. Nooranad for the 8th respondent.

W.P.(C)No.31988 of 2023 is one filed by Anish Raj .R, who submitted e-tender pursuant to the e-tender notification dated 24.08.2023, issued by the Executive Officer, Sabarimala in respect of Kuthaka item No.102 in Ext.P1 list of Kuthaka items and general and special conditions, which form part of that e-tender notification.

According to the petitioner, he participated in the e-tender process pursuant to the notification dated 24.08.2023 in respect of Kuthaka items 87 and 102. He was declared as the successful bidder on

17 W.P.(C)No.31339 of 2023, etc.

14.09.2023 in respect of Kuthaka item No.102 and he came as L2 in respect of Kuthaka item No.87. Thereafter, the Travancore Devaswom Board issued Ext.P4 order dated 21.09.2023 [Ext.P3 in W.P.(C)No.31339 of 2023] accepting the highest bid in respect of 27 Kuthaka items referred to in paragraph (1) of that order and ordering re-e-tender in respect of all other Kuthaka items, with relaxed conditions in paragraphs (3) and (5) of that order. Consequently, a re-e-tender notification dated 23.09.2023 has been issued with relaxed conditions in clause (7) of the general conditions, as evidenced by Ext.P5 general conditions and special conditions dated 22.09.2023 and the list of Kuthaka items dated 21.09.2023. The petitioner would also raise allegations against respondents 5 to 7, namely, Janardhanan Unnithan, Maheen Kannu and Sreekumar, which are similar to that raised by the petitioner in W.P.(C)No.31339 of 2023. The petitioner has filed this writ petition seeking a writ of mandamus commanding respondents 1 to 3 to consider and take immediate action on Exts.P6 to P6(b) representations dated 25.09.2023 made by the petitioner, within a time limit to be fixed by this Court. The petitioner has also sought for a declaration that factors of disqualification, which were discarded while accepting the tenders of respondents 5 to 8, shall be employed in the same manner in considering the tender of the petitioner; and a writ of

18 W.P.(C)No.31339 of 2023, etc.

mandamus commanding respondents 1 to 3 not to auction Kuthaka item No.102 in Exts.P1 and P5 till a decision is taken on Exts.P6 to P6(b) representations.

2.1. On 29.09.2023, when this writ petition came up for admission, the learned Standing Counsel for Travancore Devaswom Board pointed out that, as evident from Ext.P3 bid submission confirmation, the ‘contact name’ furnished in the tender document is ‘Sarath Chandran B’. W.P.(C)No.31398 of 2023 is filed by Sarath Chandran B., S/o Babu Chandran, residing at Sindhu Sadhanam, Thuviyoor North, Manakkala P.O., Adoor, Pathanamthitta, Pin – 691 551, was dismissed as withdrawn, by the judgment dated 29.09.2023, when it has come out that he has defaulted payment of the balance bid amount in respect of two Kuthaka items in Sabarimala Devaswom, for the year 2018-19 and 2019-20.

2.2. A counter affidavit dated 03.10.2023 has been filed by respondents 1 to 3, opposing the reliefs sought for. The petitioner has filed a reply affidavit dated 04.10.2023.

W.P.(C)No.32051 of 2023 is one filed by Abdul Razak Hilal, who submitted e-tender pursuant to e-tender notification dated 24.08.2023 issued by the Executive Officer, Sabarimala in respect of Kuthaka item 34 in Ext.P8 general and special conditions and list of Kuthaka items in Sabarimala Devaswom. According to the

19 W.P.(C)No.31339 of 2023, etc.

petitioner, he quoted an amount of Rs.38,11,000/- and the highest bidder quoted Rs.38,18,000/-, who did not possess Income Tax returns and GST statements for the required period of three years.

Though the petitioner produced Income Tax returns and GST statements for a period of three years, instead of accepting the bid of the petitioner, a re-e-tender is ordered in respect of Kuthaka item No.34, vide Ext.P11 re-e-tender notification dated 23.09.2023. The document marked as Ext.P12 is the general conditions of the re-e- tender notification which contains clause (7) with relaxed qualification criteria and Ext.P13 is the list of Kuthaka items for re- e-tender, in which item No.34 is also included. The petitioner is seeking a writ of certiorari to quash Ext.P11 re-e-tender notification dated 23.09.2023 and Ext.P12 general conditions and Ext.P13 list of Kuthaka items, to the extent re-e-tender is ordered in respect of Kuthaka item No.34. The petitioner has also sought for a writ of mandamus commanding the respondents to accept his bid, as evidenced by Ext.P10, for Kutha item No.34 and award the same to him. According to the petitioner, in terms of clause (7) of the general conditions, he submitted Income Tax returns and GST returns for a period of three years.

3.1. The petitioner has filed I.A.No.1 of 2023 seeking an order to implead the Kerala State IT Mission as additional 4th respondent.

20 W.P.(C)No.31339 of 2023, etc.

The respondents have filed a counter affidavit dated 03.10.2023, opposing the reliefs sought for in the writ petition, wherein it is contended that the petitioner was disqualified, since he failed to produce GST statements for three years.

W.P.(C)No.32053 of 2023, is one filed by Anoop Raj, who submitted e-tender pursuant to e-tender notification dated 24.08.2023 issued by the Executive Officer, Sabarimala in respect of Kuthaka items 33 and 51 in Ext.P8 general and special conditions and list of Kuthaka items in Sabarimala Devaswom. According to the petitioner, he quoted an amount of Rs.28,58,356/- for item No.33 and the highest bidder quoted Rs.30,10,101/-. In respect of Kuthaka item No.51, the petitioner quoted Rs.35,51,000/- and the highest bidder quoted Rs.40,77,731/-. According to the petitioner, the highest bidder in those items did not possess Income Tax returns and GST statements for a period of three years. Though the petitioner produced Income Tax returns and GST statements for a period of three years, instead of accepting the bid of the petitioner, a re-e-tender is ordered in respect of Kuthaka item Nos.33 and 51, vide Ext.P12 re-e-tender notification dated 23.09.2023. The document marked as Ext.P13 is the general conditions of re-e-tender notification which contains clause (7) with relaxed qualification criteria and Ext.P14 is the list of Kuthaka items for re-e-tender, in

21 W.P.(C)No.31339 of 2023, etc.

which item Nos.33 and 51 are also included. The petitioner is seeking a writ of certiorari to quash Ext.P12 re-e-tender notification dated 23.09.2023 and Ext.P13 general conditions and Ext.P14 list of Kuthaka items, to the extent re-e-tender is ordered in respect of Kuthaka item Nos.33 and 51. The petitioner has also sought for a writ of mandamus commanding the respondents to accept his bid, as evidenced by Exts.P10 and P11, for Kutha item Nos.33 and 51 and award the same to him. According to the petitioner, in terms of clause (7) of the general conditions, he submitted Income Tax returns and GST returns for a period of three years.

4.1. The petitioner has filed I.A.No.1 of 2023 seeking an order to implead the Kerala State IT Mission as additional 4th respondent.

W.P.(C)No.32085 of 2023 is one filed by Udayakumar. S, who submitted e-tender pursuant to e-tender notification dated 24.08.2023 issued by the Executive Officer, Sabarimala in respect of Kuthaka item No.86 in Ext.P1 general and special conditions and list of Kuthaka items in Sabarimala Devaswom. In this writ petition, the petitioner has raised allegations similar to that raised by the

22 W.P.(C)No.31339 of 2023, etc.

petitioner in W.P.(C)No.31339 of 2023 against respondents 7 to 9, namely, Janardhanan Unnithan, Maheen Kannu and Sreekumar.

Though the petitioner was the highest bidder, who offered Rs.55,66,111/- in respect of Kuthaka item No.86, the Travancore Devaswom Board ordered re-e-tender of that Kuthaka item vide Ext.P3 order dated 21.09.2023. The petitioner has sought for a writ of certiorari to quash Ext.P3 order dated 21.09.2023, insofar as it excludes item No.86 in respect of which the petitioner was the highest bidder and confirms the bid of bidders in item Nos.8, 14, 16, 35, 38, 42, 46, 71, 84A, 88, 95, 100, 111, 119, 126, 130, 140, 141, 155, 87, 26, 99, 23, 125, 151, 77, 81 or in the alternative to declare the petitioner as the successful bidder in respect of item No.86; and a writ of mandamus commanding the 2nd respondent Board to re-e- tender all the items in Ext.P1 tender with relaxed conditions to provide an equal opportunity for all bidders to participate in all the items of the bid.

5.1. The respondents have filed a counter affidavit dated 03.10.2023 opposing the reliefs sought for in this writ petition, wherein it is stated that the petitioner has failed to produce IT returns for three years and GST statements.

Heard the learned counsel for the petitioner in the respective writ petitions, the learned Senior Government Pleader for

23 W.P.(C)No.31339 of 2023, etc.

the 1st respondent State and the Senior Deputy Director, Kerala State Audit Department, Travancore Devaswom Board Audit, the learned Standing Counsel for the Board and its officials and also the respective counsel for the party respondents.

Travancore-Cochin Hindu Religious Institutions Act, 1950 enacted by the State Legislature makes provision for the administration, supervision and control of incorporated and unincorporated Devaswoms and of other Hindu Religious Endowments and Funds. Section 15A of the Act, inserted by Act 5 of 2007, with effect from 12.04.2007, deals with duties of the Board.

As per Section 15A, it shall be the duty of the Board to perform the following functions, namely, (i) to see that the regular traditional rites and ceremonies according to the practice prevalent in the religious institutions are performed promptly; (ii) to monitor whether the administrative officials and employees and also the employees connected with religious rites are functioning properly;

(iii) to ensure proper maintenance and upliftment of the Hindu religious institutions; (iv) to establish and maintain proper facilities in the temples for the devotees.

Section 24 of the Act deals with maintenance of Devaswoms, etc., out of Devaswom Fund. As per Section 24, the Board shall, out of the Devaswom Fund constituted under Section

24 W.P.(C)No.31339 of 2023, etc.

25, maintain the Devaswoms mentioned in Schedule I [i.e.

incorporated Devaswoms], keep in a state of good repair the temples, buildings, and other appurtenances thereto, administer the said Devaswoms in accordance with recognised usages, make contributions to other Devaswoms in or outside the State and meet the expenditure for the customary religious ceremonies and may provide for the educational upliftment, social and cultural advancement and economic betterment of the Hindu community.

Section 31 of the Act deals with management of Devaswoms. As per Section 31, subject to the provisions of Part I and the rules made thereunder, the Board shall manage the properties and affairs of the Devaswoms, both incorporated and unincorporated as heretofore, and arrange for the conduct of the daily worship and ceremonies and of the festivals in every temple according to its usage.

10.

Under the provisions of the Travancore-Cochin Hindu Religious Institutions Act, the Board is duty bound to see that the regular traditional rites and ceremonies according to the practice prevalent in Sabarimala are performed promptly; to monitor whether the administrative officials and the employees, and also the employees connected with religious rites are functioning properly;

and to establish and maintain proper facilities in Sabarimala for the

25 W.P.(C)No.31339 of 2023, etc.

devotees. The Board shall, out of the Devaswom Fund, maintain and administer Sabarimala Devaswom in accordance with recognised usages and meet the expenditure for the customary religious ceremonies. The Board shall manage the properties and affairs of Sabarimala Devaswom and arrange for the conduct of the daily worship and ceremonies and of the festivals in Sabarimala according to the usage.

11.

In Rajani P. Kuttan v. State of Kerala [2021 (6) KHC 513] a Division Bench of this Court noticed that among the 1250 Temples managed by the Travancore Devaswom Board, only 60 major Temples are self-sufficient and the rest are being managed utilising the surplus income from Sabarimala Devaswom. The total number of sanctioned posts in various categories in the Travancore Devaswom Board is 5692 and the total number of pensioners is 5749. The major source of revenue of the Travancore Devaswom Board is the income received by way of offerings by the devotees, the amount received from Vazhipadu and the revenue generated through the auction of temple premises for various activities in connection with rituals and festivals in the Temples. Paragraph 59 of the said decision reads thus;

“59. The financial position of the Devaswom Board:- The competent officer of the Devaswom Board filed an affidavit

26 W.P.(C)No.31339 of 2023, etc.

dated 14.06.2021 stating its financial position. It is submitted that there are 1250 temples under the Administrative Control of the Devaswom Board. The total number of sanctioned posts in various categories in the Devaswom Board is 5692, and the total number of pensioners is 5749. It is further submitted that the major sources of revenue of the Devaswom Board are the income received by way of offerings from devotees, the amount received from Vazhipadu, and the revenue generated through the auction of the temple premises for various activities in connection with rituals and festivals in the temples. Besides this, the Devaswom Board gets an approximate sum of 14 crores per annum by way of the rent of the buildings owned by it. The annual contribution from the State Government under Article 290A of the Constitution of India is Rs. 80 lakhs. It is further submitted that among the 1250 temples managed by the Devaswom Board, only 60 major temples are self-sufficient, and the rest are being managed utilising the surplus income from Sabarimala Devaswom. Now, due to the spread of the Covid-19 pandemic, the temples remain closed, and the major source of income has come down. The Devaswom Board is finding it difficult even to pay the salary of the existing employees. The pleadings regarding the financial position of the Devaswom Board in the affidavit dated 14.06.2021 have not been controverted by the petitioners.” (underline supplied) 12.

In M.V. Ramasubbiar v. Manicka Narasimachara [(1979) 2 SCC 65], in the context of Sections 49, 51 and 52 of the Trusts Act, 1882, the Apex Court explained the nature of the fiduciary position of the trustee and his duties and obligations. It is

27 W.P.(C)No.31339 of 2023, etc.

the duty of the trustees of the property to be faithful to the Trust and execute any document with reasonable diligence in the manner of an ordinary prudent man of business would conduct his own affairs. A trustee could not, therefore, occasion any loss to the Trust and it is his duty to sell the property if at all that was necessary, to the best advantage. Paragraph 4 of that decision reads thus;

“4. There is some controversy on the question whether defendant 1 made an outright purchase of the suit property for and on behalf of the trust for Rs. 21,500 on April 19, 1959, or whether he intended to purchase it for himself and then decided to pass it on to the trust, for defendants have led their evidence to show that the property was allowed to be sold for Rs. 21,500/-, which was less than its market value, as it was meant for use by the trust and that Defendant 1 was not acting honestly when he palmed off the property to his son soon after by the aforesaid sale deed Ext.B13 dated July 14, 1960. The fact, however, remains that Defendant 1 was the trustee of the property, and it was his duty to be faithful to the trust and to execute it with reasonable diligence in the manner an ordinary prudent man of business would conduct his own affairs.

He could not therefore occasion any loss to the trust and it was his duty to sell the property, if at all that was necessary, to best advantage. It has in fact been well recognised as an inflexible rule that a person in a fiduciary position like a trustee is not entitled to make a profit for himself or a member of his family. It can also not be gainsaid that he is not allowed to put himself in any such position in which a conflict may arise between his duty and personal interest, and so the control of the trustee's discretionary power prescribed by Section 49 of the Act and the prohibition contained in Section 51 that the trustee may not use or deal with the trust property for his own profit or for any other purpose unconnected with the trust, and the equally important prohibition in Section 52 that the trustee may

28 W.P.(C)No.31339 of 2023, etc.

not, directly or indirectly, buy the trust property on his own account or as an agent for a third person, cast a heavy responsibility upon him in the matter of discharge of his duties as the trustee. It does not require much argument to proceed to the inevitable further conclusion that the Rule prescribed by the aforesaid sections of the Act cannot be evaded by making a sale in the name of the trustee's partner or son, for that would, in fact and substance, indirectly benefit the trustee. Where therefore a trustee makes the sale of a property belonging to the trust, without any compelling reason, in favour of his son, without obtaining the permission of the court concerned, it is the duty of the court, in which the sale is challenged, to examine whether the trustee has acted reasonably and in good faith or whether he has committed a breach of the trust by benefitting himself from the transaction in an indirect manner.

The sale in question has therefore to be viewed with suspicion and the High Court committed an error of law in ignoring this important aspect of the law although it had a direct bearing on the controversy before it.” (underline supplied) 13.

In Travancore Devaswom Board v. Mohanan Nair [2013 (3) KLT 132] a Division Bench of this Court noticed that in A.A. Gopalakrishnan v. Cochin Devaswom Board [(2007) 7 SCC 482] the Apex Court emphasised that it is the duty of the courts to protect and safeguard the interest and properties of the religious and charitable institutions. The relevant principles under the Hindu law will show that the Deity is always treated similar to that of a minor and there are some points of similarity between a minor and a Hindu idol. The High Court, therefore, is the guardian of the Deity and apart from the jurisdiction under Section 103 of the

29 W.P.(C)No.31339 of 2023, etc.

Land Reforms Act, 1957, viz. the powers of revision, the High Court is having inherent jurisdiction and the doctrine of parens patriae will also apply in exercising the jurisdiction. Therefore, when a complaint has been raised by the Temple Advisory Committee, which was formed by the devotees of the Temple, about the loss of properties of the Temple itself, the truth of the same can be gone into by the High Court in these proceedings.

14.

In Abu K.S. v. Travancore Devaswom Board [2022:KER:6409 : 2022 SCC OnLine Ker 1642] a Division Bench of this Court, in which both of us were parties, was dealing with a case in which Kuthaka right for running Aymanam Sri. Narasimha- swami Auditorium (sadyalayam) constructed by the Travancore Devaswom Board was auctioned for a period of two years. The writ petitioner, who was the successful bidder, remitted only 50% of the auction amount on 18.07.2019. Though he had defaulted payment of the balance amount of Rs.1,20,500/-, he was permitted to continue to occupy the sadyalayam, even beyond the period of auction, i.e., beyond 31.07.2021. The concerned Assistant Commissioner and the Sub Group Officer have not taken any action against him till the order of this Court dated 01.02.2022, whereby they were directed to take over possession of the sadyalayam forthwith, if found necessary with police assistance. In the said

30 W.P.(C)No.31339 of 2023, etc.

decision, relying on the decision of the Apex Court in M.V.

Ramasubbiar [(1979) 2 SCC 65], this Court found that, the concerned officers of the Travancore Devaswom Board, who have permitted the successful bidder (who has remitted only 50% of the auction amount) to continue to occupy the sadyalayam, even beyond the period of the auction, have not shown reasonable diligence in the manner of an ordinary prudent man of business to conduct his own affairs.

15.

In Suneesh K.S. v. Travancore Devaswom Board and others [ILR (2022) 1 Ker 1091:2022:KER:5139] a Division Bench of this Court, in which both of us were parties, was dealing with the Kuthaka right to sell pooja items in the premises of Valliamkavu Devi Temple, which is under the management of the Travancore Devaswom Board. In the said decision, this Court held that the properties of deities and temples are required to be protected and safeguarded from usurpation or encroachment in any manner. Persons entrusted with the duty to manage such properties should be vigilant to prevent such usurpation or encroachment.

When such usurpation or encroachment is possible only with the passive or active collusion of the authorities concerned, such acts of ‘fence eating the crops’ should be dealt with sternly. The officers concerned and the devotees should be vigilant to prevent any such

31 W.P.(C)No.31339 of 2023, etc.

usurpation or encroachment. It is also the duty of courts to protect and safeguard the properties of religious and charitable institutions from usurpation or encroachment, wrongful claims or misappropriation. Therefore, the concerned Assistant Commissioner and the Administrative Officer were directed to take stern action against those who have defaulted payment of installments in respect of Kuthaka items, in violation of the tender conditions, if found necessary, after seeking police assistance. In the said decision, it was made clear that, if any such request is received, it is the duty of the concerned Station House Officer to render necessary assistance to the concerned Assistant Commissioner or the Administrative Officer, in order to protect and safeguard the properties of deities and temples from usurpation or encroachment in any manner.

16.

In Sunil Kumar P.G. v. State of Kerala and others [2022:KER:71822] a Division Bench of this Court, in which both of us were parties, was dealing with the auction conducted for the Kuthaka item No.119 (maintenance of Pamba toilet block) in Sabarimala Devaswom for the year 1197 ME (2021-22). By the judgment dated 13.10.2022, W.P.(C) Nos.29772 of 2021 and 29859 of 2021 were disposed of by directing the Chief Vigilance Officer, Travancore Devaswom Board to conduct a detailed enquiry, with

32 W.P.(C)No.31339 of 2023, etc.

notice to the writ petitioners and also the party respondents, on the e-tender process for Kuthaka items in Sabarimala Devaswom, for the year 1197 ME, with specific reference to item No.119 (maintenance of Pamba toilet block), after the Mandala- Makaravilakku Season of 1198 ME is over. The report of the Chief Vigilance Officer was directed to be placed before the Travancore Devaswom Board, by the first week of March, 2023. The decision taken by the Board, based on the enquiry report of the Chief Vigilance Officer, was directed to be placed before this Court, along with the report of the Special Commissioner, Sabarimala.

17.

In Sunil Kumar P.G. [2022:KER:71822] this Court ordered that the entire e-tender for Kuthaka items in Sabarimala Devaswom, from Mandala-Makaravilakku festival season of 1199 ME (2023-24) onwards shall be conducted, after publishing an auction notification specifying the highest bid for the previous three years, excluding the period during which there were restrictions on account of Covid-19 pandemic. After completion of the tender process, the details of the successful bidders along with the bid amount, the balance bid amount payable, its due date, etc., shall be exhibited on the official website of the Board. The list of those who have defaulted payment of the balance bid amount shall also be exhibited on the official website. The list of defaulters shall be forwarded to the

33 W.P.(C)No.31339 of 2023, etc.

Devaswom Commissioner for necessary action. A copy of that list shall also be forwarded to the Special Commissioner, Sabarimala.

18.

In Sunil Kumar P.G. [2022:KER:71822] this Court directed the Travancore Devaswom Board to adopt a similar procedure in respect of all major temples under its management, in which the annual income is above Rs.2 Crore. In respect of such temples, the list of defaulters shall be forwarded to the Devaswom Commissioner for necessary action. The Kuthaka holders, who have defaulted payment of the balance bid amount, shall be proceeded against, in accordance with the tender conditions. In appropriate cases, proceedings shall also be initiated for blacklisting. In the said decision, this Court ordered that the successful bidders and their staff, if any, in respect of Kuthaka items in Sabarimala Devaswom and other Devaswoms under the management of the Travancore Devaswom Board shall be issued with photo identity cards. They shall be required to produce police clearance certificate. In respect of Kuthaka items above Rs.5,00,000/-, the Travancore Devaswom Board shall insist on the Income Tax particulars of the bidders.

19.

In Suo motu v. State of Kerala [2023 (3) KHC SN 11 :2023:KER:21878] this Court noticed that despite the directions contained in the decisions of this Court in Abu K.S. [2022:KER:6409], Suneesh K.S. [ILR (2022) 1 Ker 1091]

34 W.P.(C)No.31339 of 2023, etc.

and Sunil Kumar P.G. [2022:KER:71822] the Travancore Devaswom Board and its officials have not shown reasonable diligence in the manner of an ordinary prudent man of business who conduct his own affairs, in matters relating to the auctioning of Kuthaka rights at Sabarimala Devaswom for the year 1198 ME (2022-23). In the order/judgment dated 23.03.2023, this Court disposed of SSCR No.29 of 2022 and W.P.(C)No.42987 of 2022, the Division Bench found that a thorough enquiry by a team constituted by the Director of Vigilance and Anti-Corruption Bureau is absolutely essential on the conduct of each and every person connected with the auction conducted by the Travancore Devaswom Board, in terms the tender notification dated 10.08.2022, of the Kuthaka rights in Sabarimala Devaswom for the year 1198 ME (2022-23). Therefore, the Director of Vigilance and Anti-Corruption Bureau was directed to constitute a team headed by the Superintendent of Police to conduct a preliminary enquiry into the whole matter relating to the auction conducted by the Travancore Devaswom Board, in terms the tender notification dated 10.08.2022, of the Kuthaka rights in Sabarimala Devaswom for the year 1198 ME (2022-23), to ascertain whether a cognizable offence is disclosed or not. In the said order/judgment, it was made clear that if at any stage, during the enquiry, there are reasonable grounds to believe that a public servant has committed

35 W.P.(C)No.31339 of 2023, etc.

an offence under the Prevention of Corruption Act, 1988, further proceedings shall be taken in accordance with law. The Travancore Devaswom Board and its officials were directed to ensure strict compliance of the directions contained in the decisions of this Court in Abu K.S. [2022/KER/6409], Suneesh K.S. [ILR (2022) 1 Ker 1091] and Sunil Kumar P.G. [2022/KER/71822] while conducting the auction of Kuthaka rights in Sabarimala Devaswom.

Recovery proceedings shall be initiated against the defaulters, in terms of the notification, i.e., G.O.(P)No.83/2023/RD dated 17.03.2023 (Published in Kerala Gazette Extraordinary No.1001 dated 18.03.2023), whereby the provisions of the Kerala Revenue Recovery Act are made applicable to the recovery of amounts due from any persons or class of persons to the Travancore Devaswom Board.

20.

In the counter affidavits filed in the above writ petitions, except W.P.(C)No.31339 of 2023, the stand taken by the Travancore Devaswom Board is that the revised conditions in paragraphs (3) and (5) of the Board order dated 21.09.2023 [Ext.P3 in W.P.(C)No.31339 of 2023 are applicable only in respect of the re-e-tender notification dated 23.09.2023. The learned Standing Counsel for Travancore Devaswom Board would submit that the highest bidders in the e-tender conducted pursuant to the e-tender

36 W.P.(C)No.31339 of 2023, etc.

notification dated 24.08.2023, who failed to meet the eligibility criteria in clause (7) of Ext.P2 general conditions in W.P.(C)No.31339 of 2023 and who are disqualified in terms of clause (3) of the said general conditions will not be awarded tender in respect of the Kuthaka items referred to in paragraph (1) of Ext.P3 Board order dated 21.09.2023 in W.P.(C)No.31339 of 2023. In respect of Kuthaka items other than those referred to in paragraph (1) of Ext.P3 Board order, re-e-tender notification dated 23.09.2023 has already been issued, which will be conducted with the relaxed eligibility criteria in clause (7) of the general conditions, which forms part of that notification.

21.

Regarding the Kuthaka items mentioned in paragraph (1) of Ext.P3 order dated 21.09.2023 in W.P.(C)No.31339 of 2023, i.e., Kuthaka items 8, 14, 16, 35, 38, 42, 46, 71, 84A, 88, 95, 100, 111, 119, 126, 130, 140, 141, 155, 87, 26, 99, 23, 125, 151, 77, 81, the learned Standing Counsel for Travancore Devaswom Board would submit that before awarding those Kuthaka items to the highest bidders in the e-tender conducted pursuant to e-tender notification dated 24.08.2023, a joint verification can be conducted in order to find out whether any such persons failed to fulfill the eligibility criteria in the general and special conditions which forms part of the e-tender notification and the disqualification in clause (3)

37 W.P.(C)No.31339 of 2023, etc.

of the said general and special conditions, which provides for disqualification of defaulters of the previous Mandala-Makaravilakku Festival seasons and those who are blacklisted by the Board. The learned Standing Counsel would point out that Shyju U., who is the 8th respondent in W.P.(C)No.31339 of 2023, is a defaulter in respect of Kuthaka right in Sabarimala Devaswom for the festival season of 2020-21. He is the defendant in O.S.No.22 of 2021 filed by the Travancore Devaswom Board. The learned counsel for the 8th respondent would submit that the said respondent intends to effect payment of the defaulted amount.

22.

As pointed out by the learned Standing Counsel for Travancore Devaswom Board, Kuthaka holders, who defaulted payment of the balance bid amount, are bound to pay the defaulted payment together with penal interest at the rate of 18% per annum from the respective due dates, as per the conditions of the tender/ e-tender notifications issued by the Travancore Devaswom Board. A person who is a defaulter in payment of balance bid amount in respect of Kuthaka items as on the date of a tender/e-tender notification or re-tender/re-e-tender notification is disqualified from submitting tender/e-tender pursuant to such a notification on account of the disqualification provided in clause (3) of the general conditions.

38 W.P.(C)No.31339 of 2023, etc.

23.

In the above circumstances, the above writ petitions are disposed of with the following directions;

(1) The Travancore Devaswom Board shall conduct a joint verification of the highest bid submitted in respect of the Kuthaka items mentioned in paragraph (1) of Ext.P3 order dated 21.09.2023 in W.P.(C)No.31339 of 2023, by the Commissioner, Travancore Devaswom Board and the Senior Deputy Director, Kerala State Audit Department, Travancore Devaswom Board Audit, in the presence of the highest bidder in respect of those Kuthaka items, i.e., 8, 14, 16, 35, 38, 42, 46, 71, 84A, 88, 95, 100, 111, 119, 126, 130, 140, 141, 155, 87, 26, 99, 23, 125, 151, 77 and 81, in order to verify whether the respective bidders satisfy the eligibility criteria in Ext.P2 general and special conditions, including the conditions in clause (7) and that they are not persons disqualified under clause (7) of the general conditions on account of default in remitting the balance bid amount in respect of previous years or on account of blacklisting by the Travancore Devaswom Board, as on the last date for submission of e-tender prescribed in the e-tender notification dated 24.08.2023. The joint verification shall be conducted in the presence of the respective highest bidder and the petitioners in these writ petitions, in respect of Kuthaka items in which they have submitted their e-tender. The joint verification, in respect of Kuthaka item No.34 shall be in the presence of the petitioner in W.P.(C)No.32051 of 2023 and that in respect of Kuthaka item Nos.33 and 51 shall be in the presence of the petitioner in W.P.(C)No.32053 of 2023. Since, those Kuthaka items are already re-e-tendered vide Ext.P11 re- e-tender notification dated 23.09.2023 in W.P.(C)No.32051 of 2023 [Ext.P12 in W.P.(C)No.32053 of 2023], the joint

39 W.P.(C)No.31339 of 2023, etc.

verification as directed above will not stand in the way of the Board in proceeding with the re-e-tender of those Kuthaka items and the petitioner in the above writ petitions participating in the e-tender process, in case they have submitted valid e- tenders within the time limit prescribed in that notification.

(2) Based on the joint verification conducted as above, the bid submitted by the highest bidders in Kuthaka items 8, 14, 16, 35, 38, 42, 46, 71, 84A, 88, 95, 100, 111, 119, 126, 130, 140, 141, 155, 87, 26, 99, 23, 125, 151, 77 and 81 mentioned in paragraph (1) of Ext.P3 order dated 21.09.2023 in W.P.(C)No.31339 of 2023 shall be confirmed by the Travancore Devaswom Board in respect of those who have satisfied the eligibility criteria in Ext.P2 general and special conditions, including the conditions in clause (7), who are not persons disqualified under clause (7) of the general conditions, as on the last date of submission of e-tender prescribed in the e-tender notification dated 24.08.2023. In respect of other Kuthaka items, the Board shall issue a re-e-tender notification, similar to the re-e-tender notification dated 23.09.2023.

(3) The joint verification as directed above shall be conducted in the office of the Devaswom Commissioner at Travancore Devaswom Board Headquarters, Nanthancode, Thiruvananthapuram on 09.10.2023 at 11.00 a.m. The Board shall intimate the highest bidder in Kuthaka items 8, 14, 16, 35, 38, 42, 46, 71, 84A, 88, 95, 100, 111, 119, 126, 130, 140, 141, 155, 87, 26, 99, 23, 125, 151, 77 and 81 mentioned in paragraph (1) of Ext.P3 order dated 21.09.2023 in W.P.(C)No.31339 of 2023 in the e-mail ID provided by them in the tender.

(4) Any highest bidder in Kuthaka items 8, 14, 16, 35, 38, 42, 46, 71, 84A, 88, 95, 100, 111, 119, 126, 130, 140, 141, 155,

40 W.P.(C)No.31339 of 2023, etc.

87, 26, 99, 23, 125, 151, 77 and 81 mentioned in paragraph (1) of Ext.P3 order dated 21.09.2023 in W.P.(C)No.31339 of 2023, who is found ineligible or disqualified in the joint verification conducted on 09.10.2023, who has already remitted the bid amount or 50% of the bid amount, cleaning charges, etc., in terms of the e-tender conditions, shall be entitled for refund of the said amount, in case he is not a defaulter in payment of the balance bid amount to the Travancore Devaswom Board, in respect of any Kuthaka right for the previous years.

Sd/- ANIL K. NARENDRAN, JUDGE

Sd/- SOPHY THOMAS, JUDGE

Dxy/bkn

41 W.P.(C)No.31339 of 2023, etc.

APPENDIX OF WP(C) 31339/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF HTE NOTIFICATION NO.

DB/ROC/04/23/SABA (KUTHAKA ) DATED 07.08.2023 Exhibit P2 TRUE COPY OF THE GENERAL CONDITIONS FOR TENDER WAS FIXED BY THE 4TH RESPONDENT, BY DB ROC 4/23 SABA (KUTHAKA ) DATED 07.08.2023 Exhibit P3 TRUE COPY OF ORDER NO.ROC 4/2023/SABA (KUTHAKA ) DATED 21.09.2023 ISSUED BY THE 2ND RESPONDENT

42 W.P.(C)No.31339 of 2023, etc.

APPENDIX OF WP(C) 31988/2023

PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE TENDER CONDITIONS AND PAGES NO.1, 12,13, 14 & 25 OF SCHEDULE DATED 24/08/2023 VIDE TENDER NOTIFICATION VIDE NO. E.O.P 196/2023/SAB.

DATED 24.08.2023 PUBLISHED BY THE RESPONDENT NO.3 Exhibit P2 THE TRUE COPY OF THE BID SUBMISSION CONFIRMATION VIDE BIDE ID NO.1638542 DATED 13.09.2023 IN RESPECT OF ITEM NO.87 OF EXT.P1 SCHEDULE Exhibit P3 THE TRUE COPY OF THE BID SUBMISSION CONFIRMATION VIDE BIDE ID NO.1638543 DATED 13.09.2023 IN RESPECT OF ITEM NO.102 OF EXT.P1 SCHEDULE Exhibit P4 THE TRUE COPY OF THE ORDER DATED 21.09.2023 IN R.O.C. 04/2023/ PASSED BY THE RESPONDENT NO.1 Exhibit P5 THE TRUE COPY OF THE TENDER CONDITIONS AND PAGES NO.1, 12, 13, 14 & 25 OF SCHEDULE VIDE TENDER NOTIFICATION VIDE NO. E.O.P 196/2023/SAB. DATED 21.09.2023 ISSUED BY THE RESPONDENT NO.3 Exhibit P6 THE TRUE COPY OF THE REPRESENTATION DATED 25.09.2023 SEND BY THE PETITIONER VIA EMAIL TO RESPONDENTS NO.1 ALONG WITH EMAIL DATED 25.09.2023 Exhibit P6 (a) THE TRUE COPY OF THE REPRESENTATION DATED 25.09.2023 SEND BY THE PETITIONER VIA EMAIL TO RESPONDENTS NO.2 ALONG WITH EMAIL DATED 25.09.2023 Exhibit P6 (b) THE TRUE COPY OF THE REPRESENTATION DATED 25.09.2023 SEND BY THE PETITIONER VIA EMAIL TO RESPONDENTS NO.3 ALONG WITH EMAIL DATED 25.09.2023

43 W.P.(C)No.31339 of 2023, etc.

APPENDIX OF WP(C) 32051/2023

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE RELEVANT GST RETURNS OF THE PETITIONER FOR THE FINANCIAL YEAR 2020-21 DATED 4-7-2020 Exhibit P2 A TRUE COPY OF THE RELEVANT GST RETURNS OF THE PETITIONER FOR THE FINANCIAL YEAR 2021-22 DATED 26-11-21 Exhibit P3 A TRUE COPY OF THE RELEVANT GST RETURNS OF THE PETITIONER FOR THE FINANCIAL YEAR 2022-23 DATED 18-8-23 Exhibit P4 A TRUE COPY OF THE RELEVANT IT RETURNS OF THE PETITIONER FOR THE FINANCIAL YEAR 2020-21 DATED 11-9-23 Exhibit P5 A TRUE COPY OF THE RELEVANT IT RETURNS OF THE PETITIONER FOR THE FINANCIAL YEAR 2021-22 DATED 11-9-23 Exhibit P6 A TRUE COPY OF THE RELEVANT IT RETURNS OF THE PETITIONER FOR THE FINANCIAL YEAR 2022-23 DATED 11-9-23 Exhibit P7 A TRUE COPY OF THE RELEVANT IT RETURNS OF THE PETITIONER FOR THE FINANCIAL YEAR 2023-24 DATED 11-9-23 Exhibit P8 A TRUE RELEVANT EXTRACT OF THE GENERAL CONDITIONS DATED 24-8-2023 ISSUED BY THE 3RD RESPONDENT EXECUTIVE OFFICER Exhibit P9 A TRUE COPY OF THE KUTHAKA DETAILS DATED 24-8-2023 ISSUED BY THE 3RD RESPONDENT Exhibit P10 A TRUE COPY OF THE BID ACKNOWLEDGEMENT FOR ITEM 34 SUBMITTED BY THE PETITIONER DATED 13-9-2023 Exhibit P11 A TRUE COPY OF THE RE- E-TENDER NOTIFICATION DATED 23-9-2023 ISSUED BY

44 W.P.(C)No.31339 of 2023, etc.

THE 3RD RESPONDENT Exhibit P12 A TRUE RELEVANT EXTRACT OF THE GENERAL CONDITIONS DATED 22-9-2023 ISSUED BY THE 3RD RESPONDENT Exhibit P13 A TRUE COPY OF THE PAGES 1, 5,6, AND 25 OF KUTHAKA DETAILS PUBLISHED BY THE 3RD RESPONDENT DATED 21-9-2023

45 W.P.(C)No.31339 of 2023, etc.

APPENDIX OF WP(C) 32053/2023

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE RELEVANT GST RETURNS OF THE PETITIONER FOR THE FINANCIAL YEAR 2020-21 DATED 30-9-2020 Exhibit P2 A TRUE COPY OF THE RELEVANT GST RETURNS OF THE PETITIONER FOR THE FINANCIAL YEAR 2021-22 DATED 18-7-2021 Exhibit P3 A TRUE COPY OF THE RELEVANT GST RETURNS OF THE PETITIONER FOR THE FINANCIAL YEAR 2022-23 DATED 24-5-2022 Exhibit P4 A TRUE COPY OF THE RELEVANT IT RETURNS OF THE PETITIONER FOR THE FINANCIAL YEAR 2020-21 DATED 11-9-2023 Exhibit P5 A TRUE COPY OF THE RELEVANT IT RETURNS OF THE PETITIONER FOR THE FINANCIAL YEAR 2021-22 DATED 11-9-2023 Exhibit P6 A TRUE COPY OF THE RELEVANT IT RETURNS OF THE PETITIONER FOR THE FINANCIAL YEAR 2022-23 DATED 11-9-2023 Exhibit P7 A TRUE COPY OF THE RELEVANT IT RETURNS OF THE PETITIONER FOR THE FINANCIAL YEAR 2023-24 DATED 11-9-2023 Exhibit P8 A TRUE RELEVANT EXTRACT OF THE GENERAL CONDITIONS DATED 24-8-2023 ISSUED BY THE 3RD RESPONDENT EXECUTIVE OFFICER Exhibit P9 A TRUE COPY OF THE KUTHAKA DETAILS DATED 24-8-2023 ISSUED BY THE 3RD RESPONDENT Exhibit P10 A TRUE COPY OF THE BID ACKNOWLEDGEMENT FOR ITEM 33 SUBMITTED BY THE PETITIONER Exhibit P11 A TRUE COPY OF THE BID ACKNOWLEDGEMENT FOR ITEM 51 SUBMITTED BY THE PETITIONER

46 W.P.(C)No.31339 of 2023, etc.

Exhibit P12 A TRUE COPY OF THE RE- E-TENDER NOTIFICATION DATED 23-9-2023 ISSED BY THE 3RD RESPONDENT Exhibit P13 A TRUE RELEVANT EXTRACT OF THE GENERAL CONDITIONS DATED 22-9-2023 ISSUED BV THE 3RD RESPONDENT Exhibit P14 A TRUE COPY OF THE PAGES 1, 5,6, AND 25 OF KUTHAKA DETAILS PUBLISHED BY THE 3RD RESPONDENT DATED 21-9-2023

47 W.P.(C)No.31339 of 2023, etc.

APPENDIX OF WP(C) 32085/2023

PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE TENDER CONDITIONS AND SCHEDULE IN TENDER NO. DB ROC.04/23/Shaba (Kuthaka ) DATED 07/08/2023 PUBLISHED BY THE FIRST RESPONDENT.

Exhibit2 THE TRUE COPY OF THE BID SUBMISSION CONFIRMATION DATED 12/09/2023.

Exhibit P3 THE TRUE COPY OF THE ORDER DATED 21/09/2023 IN R.O.C. 04/2023/SHABA (Kuthaka ) PASSED BY THE SECOND RESPONDENT.

Exhibit P4 THE TRUE COPY OF THE REPRESENTATION DATED 25/09/2023 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

Exhibit P5 THE TRUE COPY OF THE REPRESENTATION DATED 25/09/2023 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

Exhibit P6 THE TRUE COPY OF THE REPRESENTATION DATED 25/09/2023 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT