AMAL MUHAMMED ALI Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, who was the 5th respondent in W.P. (C)No.284 of 2022, has filed this writ petition under Article 226 of the Constitution of India, seeking a declaration that he is entitled to get a copy of the order passed by the 3rd respondent Commissioner of Guruvayur Devaswom, affecting the rights of the petitioner. The petitioner has also sought for a writ of mandamus commanding the respondents to consider the Earnest Money Deposit already made by the petitioner pursuant to Ext.P1 auction notice dtd. 10/12/2021 in W.P. (C)No.284 of 2022, as valid for the re-auction of Mahindra Thar jeep bearing registration No.KL46/V-9454, which is scheduled to be held on 6/6/2022 at 11.00 a.m, as per Ext.P2 re-tender notice dtd. 16/5/2022 issued by the Administrator of Guruvayur Devaswom.

(2.) The petitioner had participated in the auction conducted by the 2nd respondent Guruvayur Devaswom Managing Committee on 18/12/2021 for the sale of a Mahindra Thar Jeep bearing registration No.KL-46/V-9454, which was an offering to Lord Guruvayurappan, the minor deity of Guruvayur Temple. The Hindu Seva Kendram filed W.P.(C)No.284 of 2022, seeking a writ of certiorari to quash the proceeding of the said tender notice dtd. 10/12/2021. That writ petition was disposed of by Ext.P1 judgment dtd. 23/3/2022, reported in Hindu Seva Kendram v. State of Kerala [2022 (3) KHC SN 8 : 2022 SCC OnLine Ker 1708]. Paragraphs 28 to 31 and also the last paragraph of that judgment read thus;

(3.) Pursuant to the directions contained in Ext.P1 judgment, the 3rd respondent Commissioner conducted a personal hearing in which the petitioner and others were heard. The 3rd respondent by order No.GDC.2/5/2022-GDC dtd. 9/5/2022 set aside the auction conducted on 18/12/2021 and Guruvayur Devaswom Managing Committee is permitted to conduct a re-auction, subject to the conditions stipulated in that order. The last paragraph of the said order reads thus; <IMG>JUDGEMENT_328_LAWS(KER)6_2022_1.jpg</IMG>