Sheena M.S. vs. The Travancore Devaswom Board [Corrected]
Held
The Court found no reason to interfere with the re-e-tender notification. It held that the Travancore Devaswom Board, as a trustee, has a statutory duty to ensure proper income generation from auctions, acting with reasonable diligence. Given the substantial difference between the petitioner's bid and pre-Covid auction amounts, the re-tender was justified to maximize income.
Facts
The petitioner, the highest bidder for the 'Vedi Vazhipadu' kuthaka item at Sabarimala Devaswom, challenged the Devaswom Board's decision to issue a re-e-tender notification instead of accepting her bid. The Board sought a re-tender as her bid was significantly lower than pre-Covid auction amounts, and pilgrim restrictions had been lifted. The petitioner contended the re-tender was arbitrary and illegal.
Key Issues
Whether the Travancore Devaswom Board was justified in ordering a re-tender for the 'Vedi Vazhipadu' kuthaka item despite the petitioner being the highest bidder in the initial re-e-tender. This involved examining the Board's duty as a trustee to ensure maximum income generation from its properties and rights.
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 MR.JUSTICE P.G. AJITHKUMAR WEDNESDAY, THE 26TH DAY OF OCTOBER 2022 / 4TH KARTHIKA, 1944 W.P.(C)NO.33998 OF 2022 PETITIONER:
SHEENA M.S., AGED 41 YEARS, W/O.SURESH P.K., PANTHALANGATTIL HOUSE, KUNDANNOOR P.O., THALAPILLY TALUK, THRISSUR DISTRICT, PIN – 680 590
BY ADVS. BABU S. NAIR SMITHA BABU P.A.RAJESH SHAMSEERA. C.ASHRAF JINU ANTONY HANAN ASHARAF RESPONDENTS: 1 THE TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS COMMISSIONER, DEVASWOM COMMISSIONER OFFICE, NANTHANCODE, THIRUVANANTHAPURAM PIN – 695 003 THE DESCRIPTION OF THE R1 IS SUO MOTU CORRECTED AS PER ORDER DATED 26.10.2022 AS: TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, DEVASWOM HEAD QUARTERS, NANTHANCODE, THIRUVANANTHAPURAM, PIN- 695 003. 2 THE EXECUTIVE OFFICER, TRAVANCORE DEVASWOM BOARD, SABARIMALA DEVASWOM, PATHANAMTHITTA DISTRICT, PIN - 689662
2 W.P.(C)NO.33998 OF 2022
3 THE ADDITIONAL DISTRICT MAGISTRATE, CIVIL STATION, AYYANTHOLE, THRISSUR DISTRICT PIN – 680003 4 ADDITIONAL R4 IMPLEADED THE COMMISSIONER, TRAVANCORE DEVASWOM BOARD, NANTHANCODE
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