RAJESH KUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner was the Kuthaka holder in Chettikulangara Devaswom for the sale of pooja items in Chettikulangara Devi Temple, for the year 2021-22. The petitioner bid the auction for a sum of Rs.26,84,500.00. As per the tender conditions, the said amount has to be remitted by way of three installments, the first installment being half of the total amount. Accordingly, the petitioner remitted a sum of Rs.13,42,250.00 on the date of the bid itself. The petitioner has also remitted a further sum of Rs.3,00,000.00 towards the 2ndinstallment on 8/9/2021. He defaulted payment of the balance amount of Rs.10,42,000.00. The petitioner had earlier approached this Court in W.P.(C)No.21234 of 2021, seeking a writ of mandamus commanding the respondents to exempt him from payment of the contractual amount, during the period in which the temple was closed due to COVID-19 pandemic, in the year 2021-22. The petitioner has also sought for a writ of mandamus commanding the respondents to re-schedule the installments for payment of the balance contractual amount. That writ petition was disposed of by Ext.P1 judgment dtd. 11/10/2021. Paragraph 3 to 6 of that judgment reads thus:

(2.) The petitioner filed I.A.No.1 of 2021 in W.P.(C)No.21234 of 2021, seeking enlargement of the time limit to pay the balance amount of Rs.2,00,000.00, as per the direction contained in the judgment of this Court dtd. 11/10/2021. In that interlocutory application, this Court passed Ext.P2 order dtd. 8/12/2021. Paragraph 8 and 9 of that order reads thus:

(3.) The petitioner has filed this writ petition under Article 226 of the Constitution of India seeking a writ of mandamus commanding the respondents to allow him to remit the dues, if any, with respect to Kuthaka right in Chettikulangara Devi Temple, in respect of the year 2020-21, after deducting the EMD deposited on 30/3/2020, for the year 2019-20, with 18% interest therefrom.