Guru Prasad vs. The Special Devaswom Commissioner
Held
The High Court directed the Cochin Devaswom Board to initiate steps to auction the right to run 'Cochin Sathram' through a public auction with proper notice, ensuring proper income generation. The Board is required to file an application seeking appropriate orders after evolving a proper method for letting out the property.
Facts
The DBP was initiated based on a complaint regarding the irregular leasing of 'Cochin Sathram' in Varanasi, owned by the Cochin Devaswom Board. The building was leased to the 3rd respondent, Fardeenkhan, with concerns raised about the lease extensions without fresh tenders and potential loss of income to the Board.
Key Issues
The key legal issues were the Cochin Devaswom Board's irregular leasing practices, specifically extending a lease without inviting fresh tenders, and its duty as a trustee to ensure proper income generation from its properties.
Sections Cited
Section 73A
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN & THE HONOURABLE MRS. JUSTICE SOPHY THOMAS FRIDAY, THE 29TH DAY OF SEPTEMBER 2023/7TH ASWINA, 1945 DBP NO. 26 OF 2023 IN THE MATTER OF TRAVANCORE DEVASWOM BOARD - TDB PROCEEDINGS INITIATED - REG. ------------ COCHIN DEVASWOM BOARD - REPORT NO. 9/2023 IN COMPLAINT NO. 13/2023 - MATTER PERTAINING TO THE REQUEST MADE BY THE COMPLAINANT FOR APPLYING FOR LEASE OF A BUILDING IN VARANASI
PETITIONER/S:
GURU PRASAD S/O G.R.HERAMBHA BHATTA, SHREE KASHI SANKETI BHAWAN, B.14/16, MANASROVAR, NEAR KEDAR GHAT POST OFFICE, VARANASI 221001
BY ADVS. SUOMOTU NEERAJ S.VINOD BHAT(K/000755/1998)
RESPONDENT/S:
1 THE SPECIAL DEVASWOM COMMISSIONER COCHINDEVASWOM BOARD, ROUND NORTH, THRISSUR 680001 2 THE DEPUY DIRECTOR KERALA STATE AUDIT DEPARTMENT, COCHIN DEVASWOM BOARD AUDIT, THRISSUR-680 020 3 FARDEENKHAN S/O SADRUDDIN KHAN C28/22, TELIYABAGH VARANASI, VARANASI CANTT UTTAR PRADESH, PIN -221002 ADDL. R2 AND ADDL. R3 ARE IMPLEADED VIDE ORDER DATED 11.04.2023
BY ADVS.RAJIT
DBP No.26 of 2023 2
SRI P. RAMACHANDRAN- AMICUS CURIAE FOR OMBUDSMAN; SRI S.RAJM
The judgment continues below.
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