Kerala High Court
Abu K.S vs Travancore Devaswom Board - Tdb on 1 February, 2022
Author: Anil K. Narendran
Bench: Anil K.Narendran
WP(C) No.2254/2022 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
Tuesday, the 1st day of February 2022 / 12th Magha, 1943
WP(C) NO. 2254 OF 2022(F)
PETITIONER:
ABU K.S,AGED 41 YEARS, S/O.N.K.SIVADAS, KAIMUKKIL HOUSE, AYMANAM
P.O., KOTTAYAM - 686 015.
RESPONDENTS:
1. TRAVANCORE DEVASWOM BOARD - TDB, REPRESENTED BY ITS SECRETARY,
DEVASWOM BOARD HEAD QUARTERS, NANTHANCODE, KAWDIAR POST,
THIRUVANANTHAPURAM - 695 003.
2. SECRETARY, TRAVANCORE DEVASWOM BOARD, DEVASWOM BOARD HEAD QUARTERS,
NANTHANCODE, KAWDIAR POST, THIRUVANANTHAPURAM - 695 003.
3. DEVASWOM COMMISSIONER TRAVANCORE DEVASWOM BOARD, DEVASWOM BOARD HEAD
QUARTERS, NANTHANCODE, KOWDIAR POST, THIRUVANANTHAPURAM - 695 003.
4. ASSISTANT DEVASWOM COMMISSIONER, OFFICE OF THE ASSISTANT DEVASWOM
COMMISSIONER, KOTTAYAM GROUP, TRAVANCORE DEVASWOM BOARD, KOTTAYAM,
PIN - 686 513.
5. SUB GROUP OFFICER, THIRUVARPPU/PARAPPADAM DEVASWOMS, KOTTAYAM GROUP,
TRAVANCORE DEVASWOM BOARD, KOTTAYAM, PIN - 686 003.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to direct the respondents not to evict the petitioner from the
premises which is in possession pursuant to Exhibit P1, pending disposal
of the Writ Petition.
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S D.AJITHKUMAR, HARSHA S. NAIR & T.MANASY Advocates for the petitioner,
the court passed the following:
WP(C) No.2254/2022 2/4
ANIL K. NARENDRAN & P.G. AJITHKUMAR, JJ.
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W.P.(C) No.2254 of 2022
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Dated this the 1st day of February, 2022
ORDER
Anil K. Narendran, J.
The petitioner participated in the auction conducted by the Travancore Devaswom Board for running Aymanam Sri. Narasimhaswami Auditorium (Sadyalayam) in Aymanam Sri. Narasimhaswami Temple, in Kottayam district, for the period from 01.08.2019 to 31.07.2021. The auction was for an amount of Rs.2,41,000/-. The petitioner remitted half of the auction amount. i.e, Rs.1,20,500 on 18.07.2019, as evidenced by Ext.P1 receipt. Thereafter, the petitioner defaulted remittance of the balance instalment amounting to Rs.1,20,500/-. Though the period of contract was only upto 31.07.2021, the petitioner, who is a defaulter, is still in possession of the Sadyalayam. The learned Standing Counsel for Travancore Devaswom Board would submit that the petitioner has not even cleared the electricity charges.
List on 03.02.2022 for further consideration. Affidavit of the 4th respondent Assistant Devaswom Commissioner and that of the 5th respondent Sub Group Officer, WP(C) No.2254/2022 3/4 2 W.P.(C) No.2254 of 2022 explaining the facts and circumstances in which the petitioner, who is a defaulter, was permitted to occupy Sadyalayam, even after 31.07.2021, shall be placed on record before the next posting date.
Respondents 4 and 5 shall forthwith take over possession of Aymanam Sri. Narasimhaswami Auditorium (Sadyalayam), if found necessary, with police assistance. If any such request is made, the concerned Station House Officer shall render necessary assistance.
H/o.
Sd/-
ANIL K. NARENDRAN, JUDGE Sd/-
P.G. AJITHKUMAR, JUDGE PV 01-02-2022 /True Copy/ Assistant Registrar WP(C) No.2254/2022 4/4 APPENDIX OF WP(C) 2254/2022 Exhibit P1 TRUE COPY OF THE RECEIPT FOR THE PAYMENT OF RS.1,20,500/- TO THE RESPONDENT BOARD ISSUED TO THE PETITIONER.