Jayaprakash P.G. vs. Travancore Devaswom Board
Held
The Court found no reason to fault the Travancore Devaswom Board's decision to demand the additional amount, accepting the Board's contention that contractors formed a cartel to reduce bid prices. It dismissed the writ petitions, allowing the Board to enforce the demand and take action for non-payment.
Facts
Petitioners were successful bidders for Kuthaka rights in temples under the Travancore Devaswom Board, having paid 50% of their bid amount along with GST. The Board subsequently issued a directive instructing not to confirm auctions if the current bid was lower than the previous year's bid for the same item, demanding the difference, which the petitioners challenged.
Key Issues
The key legal issue was the validity of the Travancore Devaswom Board's directive demanding payment of the difference between the current year's successful bid amount and the previous year's higher bid amount for Kuthaka rights, after the petitioners had already paid a portion of their bid.
Sections Cited
None discussed
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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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