Rajesh.T.B. vs. Travancore Devaswom Board
Held
The Court upheld the Board's instruction, ruling that the Board has the right to ensure maximum revenue for the Deities and that the petitioners failed to prove mala fides or arbitrary action. It found the demand for the difference amount reasonable to prevent loss due to alleged cartelization.
Facts
Petitioners, successful bidders for Kuthaka rights in temples, challenged the Travancore Devaswom Board's instruction demanding payment of the difference between their current bid and a higher bid from the previous year. The Board alleged cartel formation led to lower bids, causing revenue loss, despite petitioners having paid 50% of their current bid along with GST.
Key Issues
The key legal issue was the validity of the Travancore Devaswom Board's instruction demanding successful bidders to pay the difference between their current bid and a higher bid from the previous year for Kuthaka rights, despite initial tender conditions.
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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
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