SATHEESAN V. Vs. TAVANCORE DEVASWOM BOARD

JUDGEMENT

(1.) BOTH these writ petitions have been filed by the tenderers, who have been auctioned right to conduct stalls in Sabarimala. As far as petitioners in W.P.(C) No.27298/2013 are concerned, they are given right to conduct stalls, namely Nos.29 and 30 (1st petitioner) and 39 (2nd petitioner) mentioned in Ext.P1 notification. They have given various details in paragraph 3 of the writ petition. According to them, Ext.P7 is the tender notification published under the pretext of re -auction. But in that process, the Travancore Devaswom Board has added few new items for auction as Nos.223 to 226. Their objections are mainly with respect to Item Nos.223 and 224. It is submitted that these stalls are proposed under the newly constructed flyover and in front of the petitioners' stalls. Their objection is that for opening such new stalls that too under the guise of re -auction, new shops cannot be notified which will invalidate the tender notification.

(2.) AS far as the petitioner in W.P (C) No.27749 of 2013 is also concerned, the very same allegations have been made and he is the tenderer for Item No.31 in Ext.P2 notification. Going by the the details in Ext.P2, it is seen that the same is near to Shop No.30.

(3.) IT will show that as far as S.7 and S.8 namely those tendered by the 1st petitioner in W.P ) No.27298/2013 is concerned, running of Stall Nos.223 and 224 will no way affect his business. It is mainly because stall Nos. 7 and 8 are facing west and there is no access through the western portion of Malikappuram Nadapanthal. As far as 2nd petitioner in W.P ) No.27298/2013 is also concerned, the following will show that there is no basis in the arguments raised. Paragraphs 5,6 and 7 of the report read as follows: