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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR &
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN TUESDAY, THE 23RD DAY OF MARCH 2021 / 2ND CHAITHRA, 1943 WP(C) NO. 2271 OF 2021 PETITIONERS:
1 C. PRADEEP AGED 57 YEARS S/O.LATE R.CHANDRASEKHARAN, MANNARUPARAMBU, KANJIPADOM P.O., ALAPPUZHA, PIN - 688 005.
2 C.RAJAN AGED 53 YEARS S/O.LATE CHAKRAPANI, ARUPARAYIL, KANJIPADOM P.O., ALAPPUZHA, PIN - 688 005.
3 RATHEESH BABU AGED 56 YEARS S/O.LATE M.K.PADMANABHAN, PUTHENPEEDIKAYIL, KANJIPADOM P.O., ALAPPUZHA, PIN - 688 005.
4 K.S.JOBY AGED 53 YEARS S/O.LATE SREEDHARAN, SREEDHARAM, KANJIPADOM P.O., ALAPPUZHA, PIN - 688 005.
5 L.P.JAYACHANDRAN AGED 53 YEARS S/O.LATE LAKSHMANAPILLAI, PERUMPARA, PARAVOOR, PUNNAPRA.
BY ADV K.R.SUNIL RESPONDENTS:
1 THE SECRETARY, DEVASWOM DEPARTMENT GOVERNMENT SECRETARIAT, ANNEXE, THIRUVANANTHAPURAM, PIN - 695 001.
2 THE TRAVANCORE DEVASWOM BOARD HEAD OFFICE, NANTHANCODE, THIRUVANANTHAPURAM, PIN - 695 003 REPRESENTED BY ITS SECRETARY.
3 THE COMMISSIONER, TRAVANCORE DEVASWOM BOARD NANTHANCODE, THIRUVANANTHAPURAM, PIN - 695 003.
4 THE SECRETARY, TRAVANCORE DEVASWOM BOARD NANTHANCODE, THIRUVANANTHAPURAM, PIN - 695 003.
5 THE DEPUTY COMMISSIONER TRAVANCORE DEVASWOM BOARD, HARIPAD DIVISION, PIN - 690
514.
SRI.G.BIJU, SC, TDB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.03.2021, ALONG WITH WP(C).4111/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR &
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN TUESDAY, THE 23RD DAY OF MARCH 2021 / 2ND CHAITHRA, 1943 WP(C) NO. 4111 OF 2021 PETITIONER:
K.V GOPALAKRISHNA PILLAI,AGED 75 YEARS S/O.LATE VASU PILLAI, AMBILI VILLA, MALAKUNNAM P.O., CHANGANACHERY, KOTTAYAM DISTRICT, PIN-686535.
BY ADVS.
V.V.NANDAGOPAL NAMBIAR SRI.P.K.SASIKUMAR SMT.SMITHA (EZHUPUNNA)
SRI.DHEERAJ KRISHNAN PEROT SMT.CHITRA JOHNSON RESPONDENTS:
1 TRAVANCORE DEVASWOM BOARD,REPRESENTED BY ITS SECRETARY, DEVASWOM BOARD HEAD QUARTERS, NANDANCODE, KAVADIYAR, THIRUVANANTHAPURAM-695003.
2 THE COMMISSIONER,TRAVANCORE DEVASWOM BOARD, DEVASWOM BOARD HEAD QUARTERS, NANDANCODE, KAVADIYAR, THIRUVANANTHAPURAM-695003.
3 THE ASSISTANT COMMISSIONER,TRAVANCORE DEVASWOM BOARD, CHANGANACHERY, KOTTAYAM DISTRICT-686101.
SRI.G.BIJU, SC, TDB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.03.2021, ALONG WITH WP(C).2271/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR &
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN TUESDAY, THE 23RD DAY OF MARCH 2021 / 2ND CHAITHRA, 1943 WP(C) NO. 4462 OF 2021 PETITIONERS:
KERALA STATE CO-OPERATIVE MARKETING FEDERATION LTD., P.B.NO.2024, GANDHI NAGAR, KOCHI-682020, REPRESENTED BY ITS MANAGING DIRECTOR, DR.SANIL S.K., AGED 48 YEARS, SON OF K.SUDHAKARAN NAIR.
BY ADVS.
B.ASHOK SHENOY SRI.P.S.GIREESH SRI.RIYAL DEVASSY RESPONDENTS:
1 TRAVANCORE DEVASWOM BOARD REPRESENTED BY ITS SECRETARY, KAWDIAR, NANTHANCODU, THIRUVANANTHAPURAM-695003.
2 THE COMMISSIONER,TRAVANCORE DEVASWOM BOARD, KAWDIAR, NANTHANCODU, THIRUVANANTHAPURAM-695003.
3 THE EXECUTIVE OFFICER, SABARIMALA DEVASWOM, TRAVANCORE DEVASWOM BOARD, KAWDIAR, NANTHANCODU, THIRUVANANTHAPURAM-695003.
SRI.G.BIJU, SC, TDB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.03.2021, ALONG WITH WP(C).2271/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR &
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN TUESDAY, THE 23RD DAY OF MARCH 2021 / 2ND CHAITHRA, 1943 WP(C) NO. 4831 OF 2021 PETITIONERS:
1 ANILKUMAR P.K.,AGED 41 YEARS S/O.K.S. KUTTAPPAN, PANTHALAT HOUSE, THALAYOLAPARAMBU, THALAPPARA, KOTTAYAM DISTRICT.
2 SINDHU P.K,AGED 48 YEARS,D/O. KRISHNANKUTTY NAIR, AMBADI, PURAMCHIRA ROAD, CUSAT P.O, KALAMASSERY, ERNAKULAM DISTRICT.
3 SAJITH S,S/O. SOMASEKHARAN, ERAVOOR HOUSE, KANDAKARNAVELI, KAITHARAM P.O, NORTH PARAVUR, ERNAKULAM DISTRICT.
4 MANIKANDAN,S/O. PANKAJAKSHAN NAIR, SASIVILASOM, KOTTUVALLY, KAITHARAM P.O, NORTH PARAVUR, ERNAKULAM DISTRICT.
5 KANNAN,S/O. PURUSHAN, MUPPATHARA HOUSE, PARAVURTHARA, NORTH PARAVUR P.O, ERNAKULAM DISTRICT.
6 SANTHOSH,AGED 48 YEARS S/O. VASUDEVAN NAMBISAN, KIZHAKKEMADOM, CUSAT (PO), THRIKKAKARA, ERNAKULAM DISTRICT.
BY ADVS.
K.MOHANAKANNAN SMT.A.R.PRAVITHA SRI.H.PRAVEEN (KOTTARAKARA)
SMT.T.V.NEEMA SMT.D.S.THUSHARA RESPONDENTS:
1 TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, NANTHANCODE, THIRUVANANTHAPURAM - 695003.
2 THE DEVASWOM COMMISSIONER TRAVANCORE DEVASWOM BOARD, NANTHANCODE P.O, THIRUVANANTHAPURAM - 695003.
3 THE DEPUTY DEVASWOM COMMISSIONER TRAVANCORE DEVASWOM BOARD, VAIKOM, KOTTAYAM DISTRICT -
686141.
4 ASSISTANT COMMISSIONER PARAVUR GROUP, TRAVANCORE DEVASWOM BOARD, NORTH PARAVUR, ERNAKULAM DISTRICT, - 683513.
5 SUB GROUP OFFICER MOOKAMBIKA DEVASWOM, NORTH PARAVUR, ERNAKULAM DISTRICT – 683513.
6 SUB GROUP OFFICER, PATTUPURAKKAVU DEVASWOM, KAKKANAD, ERNAKULAM – 682030.
7 ADMINISTRATIVE OFFICER,THRIKKAKARA TEMPLE, THRIKKAKARA, ERNAKULAM DISTRICT – 682021.
SRI.G.BIJU, SC, TDB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.03.2021, ALONG WITH WP(C).2271/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR &
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN TUESDAY, THE 23RD DAY OF MARCH 2021 / 2ND CHAITHRA, 1943 WP(C) NO. 5233 OF 2021 PETITIONER:
DEVARAJAN .M.K,AGED 66 YEARS S/O KUNJAN, MADATHIKUNNEL HOUSE, KANJIKUZHI P.O., IDUKKI-685606.
BY ADVS.
LIJI.J.VADAKEDOM SRI.JOICE GEORGE SMT.REXY ELIZABETH THOMAS SRI.RAJEEV JYOTHISH GEORGE SHRI.TOM E. JACOB RESPONDENTS:
1 THE TRAVANCORE DEVASWOM BOARD,REPRESENTED BY ITS SECRETARY, NANDANCODE, THIRUVANANTHAPURAM-695003.
2 THE COMMISSIONER,THE TRAVANCORE DEVASWOM BOARD, NANDANCODE, THIRUVANANTHAPURAM-695003.
3 THE ADMINISTRATOR THIRUNAKKARA MAHADEVA TEMPLE, KOTTAYAM-686001.
SRI.G.BIJU, SC, TDB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.03.2021, ALONG WITH WP(C).2271/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR &
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN TUESDAY, THE 23RD DAY OF MARCH 2021 / 2ND CHAITHRA, 1943 WP(C) NO. 7474 OF 2021 PETITIONER:
SATHIKUMAR AGED 56 YEARS S/O.DIVAKARAN, 'THIRUVATHIRA', PONGUMMOODU P.O, THIRUVANANTHAPURAM, PIN 691 511 BY ADVS.
C.R.JAYAKUMAR SRI.SAJU J PANICKER SRI.NOBEL RAJU RESPONDENTS:
1 THE STATE OF KERALA REP.BY ITS SECRETARY, DEPARTMENT OF DEVASWOM, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN 695 001.
2 THE ASSISTANT DEVASWOM COMMISSIONER TRAVANCORE DEVASWOM BOARD, NANTHANKODE, KAWDIAR P.O., THIRUVANATHAPURAM, PIN 695 003 SRI.G.BIJU, SC, TDB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.03.2021, ALONG WITH WP(C).2271/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
Ravikumar, J.
Since these writ petitions involve common issues, they are being disposed of by this common judgment.
W.P. (C) No. 2271/2021
2. The petitioners in this writ petition have entered into individual contract with the Travancore Devaswom Board (TDB) for the supply of 'pooja items' for different Devaswoms under the TDB for the financial year 2020-2021. As per Ext. P1 conditions of contract, petitioners 1, 2 and 4 remitted 50% of the auction amount and petitioners 3 and 5 remitted full auction amount. According to the petitioners, when they were about to commence the sale in the stalls from 01.04.2020, lock down was declared by the Government on the outbreak of COVID-19 pandemic and due to restrictions in pilgrimage, they could not carry out the business and they could sell the pooja articles only from 22.10.2020. Therefore, the petitioners contend that the contract has become frustrated and hit by Section 56 of the Indian Contract Act and therefore, void. The petitioners submitted Ext. P6 series representations before the TDB requesting to extend the period of contract for eight months, i.e., upto 30.11.2021 and to exonerate them from remitting the balance installments. Since the TDB did not take any action on their representations, they have filed this writ petition to declare the contract as void in terms of Section 56 of the Indian Contract Act and for return of the amounts remitted by them or in the alternative to direct the TDB to extent the period of contract till
30.11.2021.
W.P (C) No. 4111/2021
3. The TDB auctioned off the right for sale of pooja articles in Chiravom Muttam Devaswom under Sajivothamapuram Sub Group under Changanacherry Group for the financial year 2020-2021 to the petitioner who is a senior citizen. According to the petitioner, due to COVID-19 pandemic and the restrictions imposed, practically, no activities could be conducted by the petitioner pursuant to the auctioning of rights. However, the TDB has issued Ext. P1 notice informing the petitioner that if the balance auction amount is not remitted within 10 days from the receipt of notice, the petitioner will be blacklisted. Though the petitioner submitted Ext. P4 representation before the third respondent, the same was not considered. Accordingly, the petitioner has preferred this writ petition challenging Ext. P1 and for direction to forebear the respondents from blacklisting him.
W.P (C) No. 4462/2021
4. The petitioner, Kerala State Co-operative Marketing Federation Ltd., was awarded the rights to collect coconuts from Sannidhanam and Pampa for the period from 11.11.2019 to 31.10.2020 by the TDB. According to the petitioner, due to COVID-19 pandemic and lock down declared consequently, in March 2020, for over eight months; there was hardly any collection of coconuts possible and the petitioner suffered huge loss. The petitioner submitted Exts. P3 and P4 representations before the TDB requesting to appropriately compensate the petitioner for the loss suffered. However, those representations are not considered by the respondents. Therefore, this writ petition is filed for direction to TDB to consider Exts. P3 and P4 representations within a time limit.
W.P (C) No. 4831/2021
5. The petitioners have succeeded in the auction for the right for distribution of pooja articles in various temples under the TDB for the financial year 2020-2021 and have entered into separate contracts with the TDB. As per the terms of contract, they remitted 50% of the bid amounts. However, due to the restrictions imposed consequent to COVID-19 pandemic, there was no sale and the pooja articles could be sold only after the restrictions were later relaxed. Though the petitioners submitted Exts. P2 to P7 representations before TDB requesting to return the auction amount or to extent the period of contract to the next financial year, they were rejected by Exts.P8 and P9 and the petitioners are called upon to remit the balance bid amount vide Exts. P10 to P15 notices.
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