Rajesh T.B. vs. Travancore Devaswom Board
Held
The Court held that the Board's decision to demand the difference amount was justified, finding that contractors had formed a cartel to reduce auction prices, causing significant loss. The Board's action was deemed not arbitrary and aimed at preventing loss, thus the petitioners were not entitled to the reliefs sought.
Facts
Petitioners were successful bidders for Kuthaka rights in temples under the Travancore Devaswom Board for 2022-2023, paying 50% of their bid amount and GST. The Board subsequently issued a communication instructing that auctions should not be confirmed if the current bid was lower than the previous year's bid for the same item, unless the difference was paid.
Key Issues
The key legal issues were the vires of the Travancore Devaswom Board's communication demanding the difference between current and previous year's bid amounts, and the legality of such a demand from successful bidders.
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Heard together (2 matters)
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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
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