VINEETH KUMAR Vs. TRAVANCORE DEVASWOM BOARD

JUDGEMENT

(1.) W.P.(C) No.25040 of 2021 and Report No.69 in D.B.A.No.2 of 2010 The issue involved in W.P.(C)No.25040 of 2021 and Report No.69 in D.B.A.No.2 of 2010 relates to Ext.P2 tender notice dtd. 1/11/2021 issued by the 3rd respondent Deputy Devaswom Commissioner, Travancore Devaswom Board, Vaikom, regarding the public auction of the right to erect temporary stalls in the Devaswom ground in front of Ettumanoor Sree Mahadeva Temple, during Mandala Makaravilakku Maholsavam 1197ME, for the period from 15/11/2021 to 20/1/2022.

(2.) W.P.(C)No.25040 of 2021 is one filed by Sri K. Vineeth Kumar, who is stated to be the successful bidder of the right to erect temporary stall during festival seasons in the Devaswom ground in front of Ettumanoor Sree Mahadeva Temple to conduct a Photo Shop, for years together. In the writ petition, it is stated that the petitioner and other similar vendors, nearly seven in number, are the usual bidders, who bid space in Devaswom ground for conducting shops on a seasonal basis. Every year there will be an increase of 5% to 10% in the upset price fixed for the space. For the Navaratri festival, the 3rd respondent Deputy Devaswom Commissioner conducted the auction on 30/9/2021, without any tender notice, to favour some outsiders to come into the field. The petitioner along with six other vendors submitted Ext.P1 representation dtd. 30/9/2021 before the 5th respondent Advocate Commissioner and at his instance, a tender notice was issued and the auction was conducted on 4/10/2021. The petitioner and other vendors quoted a reasonably high rate of ground rent and the Advocate Commissioner fixed the rate at Rs.1,500.00 per sq.ft., fixing Rs.15,000.00 for 10 sq.ft. Accordingly, the petitioner bid the said premises from 4/10/2021 and the period expired on 30/10/2021.

(3.) Report No.69 in D.B.A.No.2 of 2010 is one filed by the learned Advocate Commissioner, the 5th respondent in W.P. (C)No.25040 of 2021, seeking urgent orders and directions for conducting the public auction of the right to erect temporary stalls in the Devaswom ground in front of Ettumanoor Sree Mahadeva Temple, during Mandala Makaravilakku Maholsavam 1197 ME, for the period from 15/11/2021 to 20/1/2022. Paragraphs 8 to 10 of the report of the learned Advocate commissioner dtd. 11/11/2021 read thus;