HINDU SEVA KENDRAM Vs. STATE OF KERALA

JUDGEMENT

(1.) 1. The petitioner has filed this writ petition under Article 226 of the Constitution of India seeking a writ of certiorari to quash the proceedings pursuant to Ext.P1 tender notification dtd. 10/12/2021 issued by the Administrator of the 2nd respondentGuruvayur Devaswom Managing Committee regarding the auction of a Mahindra Thar Jeep bearing registration No.KL46/V-9454, an offering by the 4th respondent, to Lord Guruvayurappan, the minor deity of Guruvayur Temple. The petitioner has also sought for a writ of mandamus commanding respondents 1 to 3 not to auction Mahindra Thar Jeep bearing registration No.KL-46/V-9454.

(2.) Going by the averments in the writ petition the 4th respondent herein, who is the Chairman of Mahindra Group, offered a Mahindra Thar Jeep to Lord Guruvayurappan on 8/12/2021. The Administrator of Guruvayur Devaswom Managing Committee published Ext.P1 auction notice on the official website of Guruvayur Devaswom, on 10/12/2021, regarding the sale of that vehicle. As per Ext.P1 auction notice dtd. 10/12/2021, the bidders are required to remit Rs.40,000.00 as earnest money deposit (EMD). The successful bidder has to remit 50% of the bid amount, on the date of the auction itself, and the balance amount within a period of three days from the date of confirmation. He has also to pay Goods and Services Tax (GST) at the rate of 18% for the bid amount. The auction will be confirmed in the name of the successful bidder only after the approval is granted by Guruvayur Devaswom Managing Committee. Thereafter, the documents relating to the vehicle will be handed over to the successful bidder. On effecting transfer of ownership, the successful bidder will be permitted to take possession of the vehicle. As per Ext.P1 auction notice, the Administrator of Guruvayur Devaswom Managing Committee shall have absolute discretion either to accept the bid, adjourn the auction or cancel the auction. In the auction conducted on 18/12/2021, a representative of the 5th respondent alone participated, who quoted an amount of Rs.15,10,000.00, as against the upset price of Rs.15,00,000.00. According to the petitioner, the auction conducted on 18/12/2021 is absolutely illegal. The auction was conducted on the ground that the Devaswom cannot use an off-road vehicle for daily use, which is absolutely incorrect. Moreover, the procedure adopted by the 2nd respondent for conducting the auction was in clear violation of the provisions under Sec. 11 of the Guruvayur Devaswom Act, 1978, and also Rule 12 of the Guruvayur Devaswom Rules, 1980. Along with the writ petition the petitioner has produced Exts.P2 and P3 news reports that appeared on 21/12/2021, Ext.P4 registration particulars of the vehicle in question, and also Ext.P5 information collected from Wikipedia on off-road vehicles. The document marked as Ext.P6 is a copy of an application made by one Sreenath Padmanabhan, under the provisions of the Right to Information Act, 2005, before the Public Information Officer in Guruvayur Devaswom for obtaining copy of the documents relating to the auction conducted on 18/12/2021.

(3.) On 6/1/2022, when this writ petition came up for admission, this Court has recorded the submission made by the learned Standing Counsel for Guruvayur Devaswom Managing Committee that the 3rd respondent-Commissioner, Guruvayur Devaswom, is yet to accord sanction for the sale of Mahindra Thar Jeep and the vehicle is still in the custody of the Managing Committee.