Point of Law: Any public auction of the right to open temporary shops/stalls in the Devaswom ground in front of Ettumanoor Sree Mahadeva Temple temple and also in the Kovil Padam Road owned by Devaswom can be conducted only in terms of the general guidelines framed.

JUDGMENT :

Anil K. Narendran, J

W.P.(C) No.25040 of 2021 & Report No.69 in D.B.A.No.2 of 2010

The issue involved in W.P.(C)No.25040 of 2021 and Report No.69 in D.B.A.No.2 of 2010 relates to Ext.P2 tender notice dated 01.11.2021 issued by the 3rd respondent Deputy Devaswom Commissioner, Travancore Devaswom Board, Vaikom, regarding the public auction of the right to erect temporary stalls in the Devaswom ground in front of Ettumanoor Sree Mahadeva Temple, during Mandala Makaravilakku Maholsavam 1197ME, for the period from 15.11.2021 to 20.01.2022.

2. W.P.(C)No.25040 of 2021 is one filed by Sri K. Vineeth Kumar, who is stated to be the successful bidder of the right to erect temporary stall during festival seasons in the Devaswom ground in front of Ettumanoor Sree Mahadeva Temple to conduct a Photo Shop, for years together. In the writ petition, it is stated that the petitioner and other similar vendors, nearly seven in number, are the usual bidders, who bid space in Devaswom ground for conducting shops on a seasonal basis. Every year there will be an increase of 5% to 10% in the upset price fixed for the space. For the Navaratri festival, the 3rd respondent Deputy Devaswom Commissioner conducted the auction on 30.09.2021, without any tender notice, to favour some outsiders to come into the field. The petitioner along with six other vendors submitted Ext.P1 representation dated 30.09.2021 before the 5th respondent Advocate Commissioner and at his instance, a tender notice was issued and the auction was conducted on 04.10.2021. The petitioner and other vendors quoted a reasonably high rate of ground rent and the Advocate Commissioner fixed the rate at Rs.1,500/-per sq.ft., fixing Rs.15,000/-for 10 sq.ft. Accordingly, the petitioner bid the said premises from 04.10.2021 and the period expired on 30.10.2021.

2.1. The 3rd respondent issued Ext.P2 tender notice dated 01.11.2021, regarding the public auction of the right to erect temporary stalls in the Devaswom ground in front of Ettumanoor Sree Mahadeva Temple, during Mandala Makaravilakku Maholsavam 1197ME, for the period from 15.11.2021 to 20.01.2022. As per Ext.P3 notice, the auction will be conducted under the supervision of the 5th respondent Advocate Commissioner, on 08.11.2021. According to the petitioner, in violation of tender conditions, the 3rd respondent arbitrarily fixed a condition that the minimum tender amount (upset price) will be the average of the tender amount (auctioned amount) for the previous three years with 10% increase. This was objected to by the petitioner and other bidders. The petitioner demanded fixation of the minimum tender amount at 5% above the tender amount for the previous year, i.e., Rs.1,575/-per sq.ft. However, the 5th respondent Advocate Commissioner fixed the minimum tender amount as Rs.1,650/-per sq.ft., which was objected to by the 3rd respondent, and therefore tender could not be finalised.

2.2. The petitioner submitted Ext.P3 representation dated 08.11.2021 before the 2nd respondent Devaswom Commissioner with a request to fix the minimum tender amount (upset price) during Mandala Makaravilakku Maholsavam 1197ME, 10% above the tender amount (auctioned amount) for the previous year, instead of 10% above the average tender amount for the previous three years. In the writ petition, it is alleged that there is a rift between the Devaswom officials, especially respondents 3 and 4, and the 5th respondent Advocate Commissioner, who is supervising the conduct of tender from the year 2008 onwards.

2.3. In this writ petition filed under Article 226 of the Constitution of India, the petitioner is seeking a writ of mandamus commanding the respondents to complete the tender proceedings regarding the public auction of the right to erect temporary stalls in the Devaswom ground in front of Ettumannoor Sree Mahadeva Temple during Mandala Makaravilakku Maholsavam 1197ME, on or before 16.11.2021; a declaration that the decision of the 5th respondent Advocate Commis