RAJESH Vs. TRAVANCORE DEVASWAM BOARD

JUDGEMENT

(1.) Stall No. 18, near Appachimedu, was auctioned out lastyear. On the ground that there was road widening and forcertain other reasons, that space was excluded from the Kuthakaauction this year. In fact, there was a writ petition at theinstance of some of the devotees saying that there should be nostall in that area because that will affect the free movement ofthe devotees in connection with the 'Ariyunda Vazhipadu', whichis a ritualistic throwing of rice balls into the forest. After thatwrit petition, the Travancore Devaswom Board found that the available space could be carved out to have stall No. 18.

(2.) According to the TDB, auction of that stall space was notified and there were three participants. The third Respondent was the highest bidder. That bid is yet to be confirmed by the competent authority. The Petitioner says that the bid was in a clandestine manner and he is prepared even to offer Rs. 7 lakhs for stall WPC.35329/10 No. 18 as against Rs. 1,25,250/- for which the third Respondent has bid. Learned Counsel for the TDB is right in pointing out that the matter is still pending for confirmation with the Devaswom Commissioner and objections to confirmation in the form of a representation has also been made to that authority by the writ Petitioner. Under such circumstances, leaving all contentions open and recognising the authority of the Commissioner in that regard, this writ petition is ordered directing that the third Respondent and the Petitioner will be heard and a decision taken in relation to the fixation of the auction of stall No. 18 at the earliest, at any rate, within a period of one week from now. The parties are directed to appear before the Devaswom Commissioner tomorrow.