The successful bidder must comply with auction tender conditions, including timely payments; failure results in losses to the Board and re-auction rights being exercised.

JUDGMENT

Anil K. Narendran, J.

The petitioner, namely, Suneesh K.S., who is a resident of Kodikuthy in Peerumedu Taluk, is the successful bidder in the auction conducted by the 1^st respondent Travancore Devaswom Board for the sale of (i) 'pooja items' and (ii) 'flower garlands' inside Valliyamkavu Devi Temple, Mundakkayam, for the period from 01.04.2021 to 31.03.2022. The auction was conducted pursuant to Ext.R1(a) tender notification dated 20.02.2021 issued by the 2^nd respondent Devaswom Commissioner. The auction for sale of pooja articles was confirmed in the name of the petitioner for Rs.33,33,334/- and that for the sale of flower garlands was confirmed for Rs.4,44,444/-. The petitioner, through his power of attorney holder Prasad P.S, who is a resident of Kadamakkulam in Peerumedu Taluk, has filed this writ petition under Article 226 of the Constitution of India seeking a writ of mandamus commanding respondents 1 to 5 not to interfere with the functioning of the petitioner's stall in the premises of Valliyamkavu Devi Temple till orders are passed on the grievances raised by the petitioner in Ext.P9 representation dated 23.08.2021 submitted before the 3^rd respondent Deputy Devaswom Commissioner, Pathanamthitta; Ext.P11 reply dated 09.11.2021 submitted before the 4^th respondent Assistant Devaswom Commissioner, Mundakkayam Group; and Ext.P13 reply submitted by the power of attorney holder of the petitioner before the 4^th respondent Assistant Devaswom Commissioner, regarding sale of pooja items and flower garlands in the premises of Valliyamkavu Devi Temple. The petitioner has also sought for a writ of mandamus commanding respondents 1 to 5 to stop parallel sale of pooja items and flower garlands by the 6^th respondent or his employees in Valliyamkavu Devi Temple, which are auctioned to the petitioner; a declaration that the petitioner being the successful auctioneer is the only person entitled to conduct sale of pooja items and flower garlands in the premises of Valliyamkavu Devi Temple, which is under the control of the 1^st respondent Travancore Devaswom Board, as per the agreements. The petitioner has also sought for a declaration that the attempt made by the 5^th respondent Administrative Officer, Valliaymkavu Devi Temple to close down the stall of the petitioner without considering his grievances raised and the orders passed is ab initio void, as the same is against the terms of agreements, the principles of natural justice and fair play; a writ of mandamus or any other appropriate writ or direction, permitting the petitioner to remit the balance auction amount, as assessed by respondents 1 to 4, after redressing his grievances in respect of sale of pooja items and flower garlands, in terms of the agreements entered into by the petitioner with the Travancore Devaswom Board, in five equal monthly instalments, in view of the special circumstances due to Covid–19 pandemic restrictions imposed by the State and also due to illegal parallel sale conducted by the 6^th respondent in the temple premises, with the connivance of the 5^th respondent Administrative Officer; and a writ of mandamus commanding respondents 1 to 5 to issue necessary orders that no other person/party/entity including the 6^th respondent or his men or agents will be permitted to conduct any sale of flower garlands or pooja items in the premises of Valliyamkavu Devi Temple.

2. On 23.09.2021 when this writ petition came up for admission the learned Standing Counsel for Travancore Devaswom Board took notice on admission for respondents 1 to5. Urgent notice on admission by special messenger was ordered to 6^th respondent, returnable by 27.09.2021. The learned Standing Counsel for Travancore Devaswom Board was directed to get instructions as to whether the petitioner had already executed an agreement in terms of the tender conditions and if so, placed on record a copy of the same and also copy of the tender conditions.

3. On 28.09.2021 when this writ petition came up for c