Dismissed

Unnikrishnan T G v. Travancore Devaswom Board (Tdb)

Kerala HC11 Jun 2024WP(C)/13120/2024

Case brief

AI extract

What is this about?

A writ petition sought cancellation and re-tender of kuthaka rights in a Travancore Devaswom Board temple, alleging irregular collection of earnest money deposit and improper grant of the right to another bidder. The court found no material showing the petitioner was present at the auction and dismissed the petition, leaving any irregularity to statutory audit.

What the court decided

AI extract

Unnikrishnan T G Vs Travancore Devaswom Board… — Public Procurement and Tenders | Kerala HC (2024)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN

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THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON

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TUESDAY, THE 11TH DAY OF JUNE 2024 / 21ST JYAISHTA, 1946
WP(C) NO. 13120 OF 2024

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PETITIONER:

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UNNIKRISHNAN T G AGED 40 YEARS

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S/O. GOPINATHAN NAIR, RESIDING AT KOCHUMADATHIL,
KAVUM BHAGUM, CHERUVALLY, KOTTAYAM DISTRICT., PIN -
686519

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BY ADVS.S.JAYAKRISHNAN
S.PARAMESWARA PRASAD

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RESPONDENTS:

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1 TRAVANCORE DEVASWOM BOARD (TDB) DEVASWOM HEAD QUARTERS, NANTHANCODE, KAWDIAR POST, THIRUVANANTHAPURAM DISTRICT. REPRESENTED BY ITS SECRETARY, PIN - 695003

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2 DEVASWOM COMMISSIONER TRAVANCORE DEVASWOM BOARD, DEVASWOM HEAD QUARTERS, NANTHANCODE, KAWDIAR POST, THIRUVANANTHAPURAM., PIN - 695003

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3 THE ASSISTANT DEVASWOM COMMISSIONER TRAVANCORE DEVASWOM BOARD, MUNDAKAYAM GROUP, MUNDAKKAYAM PO., KOTTAYAM DISTRICT., PIN - 686513

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4 THE SUB GROUP OFFICER CHERUVALLY DEVASWOM, CHERUVALLY, KOTTAYAM DISTRICT., PIN - 686519

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5 PRAKASH P K PAROTTIL HOUSE, CHIRAKADAVU PO., VALLAKKOM, KOTTAYAM DISTRICT., PIN - 686520

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W.P.(C)No.13120 of 2024

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6 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,
DEVASWOM DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695001

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*ADDL.R7 THE SENIOR DEPUTY DIRECTOR, STATE AUDIT DEPARTMENT, TRAVANCORE DEVASWOM BOARD AUDIT, NANTHANCODE, THIRUVANANTHAPURAM

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IS SUO MOTU IMPLEADED VIDE ORDER DATED 11.06.2024 IN
WP(C)

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R BY SRI. S. RAJMOHAN, SR.GOVT.PLEADER
R BY SRI. G. BIJU, SC, TDB

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 11.06.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

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W.P.(C)No.13120 of 2024

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JUDGMENT

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Anil K. Narendran, J.

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The petitioner has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding respondents 1 to 4 to cancel the tender process conducted on 04.03.2024 pursuant to Ext.P1 tender notification dated 24.02.2024, in respect of various kuthaka items in Cheruvalli Sree Bhagavathy Temple, a temple under the management of the Travancore Devaswom Board and to re-tender those kuthaka rights. The petitioner has also sought for a writ of mandamus commanding the 1^st respondent Travancore Devaswom Board to consider and pass appropriate orders on Ext.P3 representation dated 07.03.2024, as expeditiously as possible, after affording him an opportunity of being heard.

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According to the petitioner, he satisfied all the qualifications/requirements prescribed in Ext.P1 tender notification for the kuthaka rights in Cheruvalli Devaswom. Though the petitioner had approached the 3^rd respondent Assistant Devaswom Commissioner expressing his willingness to participate in the tender process and submit his bids for the respective items, along with the required Earnest Money Deposit, the said respondent was reluctant

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to give receipt for the Earnest Money Deposit. Therefore, the petitioner returned his bids under protest. In the writ petition, it is

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W.P.(C)No.13120 of 2024

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alleged that the 3^rd respondent is collecting EMD without giving receipts and the amounts collected are not even entered in the Devaswom Register. Pointing out those aspects, the petitioner submitted Ext.P2 representation dated 04.03.2024 before the 2^nd respondent Devaswom Commissioner. In violation of the tender conditions, the 3^rd respondent granted kuthaka right in Cheruvalli Devaswom to the 5^th respondent. In such circumstances, after submitting Ext.P3 representation dated 07.03.2024 before the 1^st respondent Board, the petitioner is before this Court in this writ petition, seeking the aforesaid reliefs.

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On 02.04.2024, when this writ petition came up for admission, the learned Standing Counsel for Travancore Devaswom Board sought time to get instructions. Thereafter, the matter was adjourned on 09.04.2024 and 22.05.2024, at the instance of the learned counsel for the petitioner.

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Heard the learned counsel for the petitioner, the learned Standing Counsel for Travancore Devaswom Board for respondents 1 to 4 and also the learned Senior Government Pleader for the 6^th respondent and the additional 7^th respondent.

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During the course of arguments, the learned Standing Counsel for Travancore Devaswom Board has made available for the perusal of this Court a copy of the report dated 08.04.2024 of

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W.P.(C)No.13120 of 2024

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the 3^rd respondent Assistant Devaswom Commissioner, addressed the 2^nd respondent Devaswom Commissioner, furnishing his remarks on this writ petition, enclosing therewith a copy of the relevant extract of the Auction Diary in Cheruvalli Devaswom, regarding the auction conducted on 04.03.2024 pursuant to Ext.P1 tender notification.

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On the procedure that is being adopted by the Travancore Devaswom Board for auctioning kuthaka rights in temples under its management, the submission made by the learned Standing Counsel is that, if the base price of the kuthaka item is less than Rs.5,00,000/-, instead of e-tender notification, the tender notification is published in the locality. When such a procedure is being followed, the bidders are required to remit the EMD only at the time of auction. Such remittance will be entered in the Auction Diary and the EMD of unsuccessful bidders will be returned on the very same day itself, after obtaining the signature of the respective bidders in the Auction Diary. It is in such circumstances that no receipts are being issued to the bidders regarding remittance of the EMD.

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The learned Standing Counsel for Travancore Devaswom Board, based on the instructions received from the 3^rd respondent Assistant Devaswom Commissioner, would submit that the

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W.P.(C)No.13120 of 2024

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petitioner was not present in the temple premises on 04.03.2024, the date on which the auction was conducted pursuant to Ext.P1 tender notification.

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Having considered the pleadings and materials on record and also the submissions made at the Bar, we notice that no materials whatsoever have been placed on record by the petitioner to show that he was personally present in the temple premises on 04.03.2024 for participating in the auction of kuthaka rights in Cheruvalli Devaswom, which was conducted pursuant to Ext.P1 tender notification, and tendered his bid along with EMD. From the submissions made by the learned Standing Counsel, we notice that in the previous year, i.e., 2023-24, the petitioner did not participate in the tender process pursuant to the tender notification for that year. Since there were no bidders, the petitioner was granted kuthaka right for that year at a lower rate.

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We do not propose to consider those aspects in this writ petition, since the petitioner has not chosen to produce any materials whatsoever to show that he was personally present in the temple premises on 04.03.2024 to participate in the tender process pursuant to Ext.P1 notification, along with the required EMD. In case there is any irregularity in the tender process, the same has to be verified by the additional 7^th respondent Senior Deputy Director,

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W.P.(C)No.13120 of 2024

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Kerala State Audit Department, Travancore Devaswom Board Audit while conducting the statutory audit of accounts of Cheruvalli Devaswom.

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In such circumstances, we find no reason to entertain this writ petition and the same is accordingly dismissed; however subject to the observation contained hereinbefore.

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Sd/-

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ANIL K. NARENDRAN, JUDGE

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Sd/HARISANKAR V. MENON, JUDGE

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AV/

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W.P.(C)No.13120 of 2024

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APPENDIX OF WP(C) 13120/2024

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PETITIONER EXHIBITS

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`Exhibit P1`	`TRUE` `NOTIFI` `RESPON`	`COPY` `CATIO` `DENT`	`OF` `N` `DATE`	`RELEVANT` `ISSUED` `D 04/03/20`	`PAGE` `BY` `24`	`OF` `THE`	`TENDER` `3RD`
`Exhibit P2`	`TRUE` `04.03.` `BEFORE`	`COPY` `2024` `THE`	`O` `SUB` `2ND`	`F` `REPRES` `MITTED BY` `RESPONDENT`	`ENTAT` `THE`	`ION` `PETI`	`DATED` `TIONER`
`Exhibit P3`	`TRUE` `07.03.` `BEFORE`	`COPY` `2024` `THE`	`O` `SUB` `1ST`	`F` `REPRES` `MITTED BY` `RESPONDENT`	`ENTAT` `THE`	`ION` `PETI`	`DATED` `TIONER`

Unnikrishnan T G v. Travancore Devaswom Board (Tdb)

Case brief

What is this about?

What the court decided

Unnikrishnan T G v. Travancore Devaswom Board (Tdb)

Case brief

What is this about?

What the court decided

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