Petitioners must provide compelling evidence and join necessary parties to successfully challenge an auction process without malfeasance.

JUDGMENT

Murali Purushothaman, J.

The petitioners; husband and wife participated in the auction conducted by the Travancore Devaswom Board for the sale of articles used for worship (poomala and pooja drevengal) in Kadakkal Thaliyil temple, coming under the Punalur Sub Group for the year 2021-2022. The petitioners submitted separate tenders. As per the auction notice published in the newspaper, the auction was slated to be conducted on 15.02.2021. However, when the petitioners reached the venue of auction, the Assistant Devaswom Commissioner, the 4th respondent changed the date of auction from 15.02.2021 to 16.02.2021. When the petitioners reached the venue of auction on 16.02.2021, the Assistant Devaswom Commissioner asked them to submit their tenders before the sub group officer, the 5th respondent and accordingly the petitioners submitted their separate tenders before the sub group officer. According to the petitioners, when the Assistant Devaswom Commissioner commenced the auction procedure at about 11.45 am., the petitioners noticed that the sealed tenders submitted by them were opened. Though the petitioners pointed out this and raised their objection, the Assistant Commissioner proceeded with the auction. The 7th respondent is the highest bidder. Aggrieved by the alleged illegal act of the Assistant Devaswom Commissioner, the petitioners submitted Ext.P1 complaint dated 17.02.2021 before the 1st respondent, the Commissioner of Travancore Devaswom Board. Though the 1st respondent called for a report in the matter from the 4th respondent, no steps have been taken thereon to cancel the auction. Therefore the petitioners have filed this writ petition for the following reliefs;

i. Issue a writ of certiorari order or direction or any other appropriate writ or order calling for the records relating to Exhibit P1 complaint, and quash the same.

ii. to call for the records leading to the Petitioner's case from the respondents 1 to 4 and issue a writ of certiorari or other appropriate writ, order or direction to cancel the auction and the proceedings held on 16.02.2021, for the sale of articles used for worship (poomala, poojadrevengal) in Kadakkal Thaliyil temple, coming under the Punalur Sub Group for the year 2021-2022.

iii. To issue a writ of mandamus or any other appropriate writ, order or direction commanding the Respondents 1 to 3 to take fair and effective enquiry to curb the illegal activities conducted by the 4th respondent and to provide, adequate compensation to the petitioners.

iv. To issue a writ of mandamus or any other appropriate writ, order or direction commanding the Respondents No: 1 to 4 to consider and finalize the Exhibit P1 representation filed by the petitioners forthwith.

2. Heard the learned counsel for the petitioners, the learned Government Pleader and learned standing counsel for the Travancore Devaswom Board.

3. The counsel for the petitioners made submissions on the basis of the averments in the writ petition and inviting our attention to Ext.P1 representation filed before the 1st respondent. The counsel contended that, at the time when the auction proceedings commenced, the petitioners noted that the sealed tenders submitted by the petitioners were opened and objection in this regard was raised before the 4th respondent. The 7th respondent could quote higher rates since the sealed tenders were tampered with, with the connivance of the 4th respondent. The rate quoted by the 7th respondent was only slightly above the rate quoted by the 2nd petitioner in the auction. The petitioners have in Ext.P1 representation offered higher rates than that quoted by the 7th respondent. The petitioners allege that it is only with the connivance of the 4th respondent and on extraneous considerations the 7th respondent became the successful bidder. The counsel submitted that the auction shall be cancelled.

4. Sri. G.Biju, the learned standing counsel for the Travancore Devaswom Board, on instructions, submitted that the allega