Vinish R. vs. Travancore Devaswom Board
Held
The High Court upheld the Travancore Devaswom Board's decision to demand the additional amount from the petitioners, finding no fault with the instruction. The Court permitted the Board to enforce the demand and take necessary action for default, including immediate cancellation of contracts and re-tender of the Kuthaka items.
Facts
Petitioners, successful bidders for Kuthaka rights in temples under the Travancore Devaswom Board for 2022-2023, paid 50% of their bid amounts along with GST. The Board later issued a circular instructing not to confirm auctions if the current bid was lower than the previous year's bid for the same item, unless the difference was paid. Petitioners challenged this demand for the difference amount.
Key Issues
The key legal issue was the vires of the Travancore Devaswom Board's instruction demanding the difference between the current year's and previous year's bid amounts for Kuthaka rights, and whether the petitioners were legally obligated to pay this additional sum.
Sections Cited
None
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Heard together (2 matters)
Read from the judgment's own cause title. This page is filed under one of them.
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN & THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR TUESDAY, THE 24TH DAY OF JANUARY 2023 / 4TH MAGHA, 1944 W.P.(C) NO. 14177 OF 2022 PETITIONER: RAJESH T.B., AGED 45 YEARS, S/O. BHADRAN NAIR, THURUNTHAYIL HOUSE, THAZHAM P.O., MALAYALAPPUZHA, PATHANAMTHITTA - 689 666. BY ADVS. D.AJITHKUMAR HARSHA S. NAIR RESPONDENTS: 1 TRAVANCORE DEVASWOM BOARD , TRAVANCORE DEVASWOM HEAD QUARTERS, NANTHANCODE, THIRUVANANTHAPURAM - 695 003, REPRESENTED BY ITS SECRETARY. 2 SECRETARY, TRAVANCORE DEVASWOM BOARD, TRAVANCORE DEVASWOM HEAD QUARTERS, NANTHANCODE, KOWDIAR POST, THIRUVANANTHAPURAM - 695 003. 3 DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM HEAD QUARTERS, NANTHANCODE, KOWDIAR POST, THIRUVANANTHAPURAM - 695 003. 4 ADMINISTRATIVE OFFICER, MALAYALAPPUZHA DEVASWOM, TRAVANCORE DEVASWOM BOARD, PATHANAMTHITTA - 689 666. BY ADV SHRI.G.BIJU, SC, TRAVANCORE DEVASWOM BOARD
2 W.P.(C) Nos.14177, 14184, 14185 and 14615 of 2022 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR FINAL HEARING ON 14.12.2022, ALONG WITH WP(C).14615/2022 AND CONNECTED CASES, THE COURT ON 24.01.2023 DELIVERED THE FOLLOWING:
3 W.P.(C) Nos.141
The judgment continues below.
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