Kerala High Court
Suneesh K.S vs Travancore Devaswom Board on 5 November, 2021
Author: Anil K. Narendran
Bench: Anil K.Narendran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
Friday, the 5th day of November 2021 / 14th Karthika, 1943
WP(C) NO. 19896 OF 2021(J)
PETITIONER:
SUNEESH K.S., AGED 37 YEARS S/O. SURENDRAN, KATTUCHALIL HOUSE,
KODIKUTHY KARA, KOKKAYAR MELORAM, PERUVANTHANAM P.O., PIN-685532,
PEERMADE TALUK, IDUKKI DISTRICT, KERALA STATE, INDIA, REPRESENTED BY
HIS POWER OF ATTORNEY HOLDER, PRASAD P.S., AGED 44 YEARS, S/O.
SREEDHARAN, RESIDING AT PUTHUPPARAMBIL HOUSE, KADAMAKKULAM KARA,
KUPPAKKAYAM P.O., PIN-686 513, PERUVANTHANAM VILLAGE, PEERMADE
TALUK, IDUKKI DISTRICT, KERALA STATE, INDIA.
RESPONDENTS:
1. TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY,
NANTHANCODE, KAWDIAR POST, THIRUVANANTHAPURAM-695 003.
2. DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, NANTHANCODE,
KAWDIAR POST, THIRUVANANTHAPURAM-695 003.
3. DEPUTY DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, TRAVANCORE
DEVASWOM BOARD BUILDING, KUMBAZHA ROAD, PATHANAMTHITTA, PIN CODE-689
645.
4. ASSISTANT DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD,
MUNDAKAYAM GROUP, MUNDAKKAYAM P.O., KOTTAYAM DISTRICT-686513.
5. ADMINISTRATIVE OFFICER, VALLIANKAVU DEVI TEMPLE, PALLORKAVU P.O.,
PERUVANTHANAM, IDUKKI -686 513.
6. SUNILKUMAR T.G., MANIKANTAVILASOM, RANNI P.O., PATHANAMTHITTA-689
672.
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 pass an interim order (i) directing respondents 1-5 not to
interfere with the continued and unobstructed functioning of the stall
allotted to the petitioner for selling pooja items and flower garlands
inside the Valliyamkavu Devi Temple premises;(ii) directing R4 to produce
the Agreements dt: 29-03-2021 entered into between the Petitioner and 4th
respondent in respect to the two auctions pertaining to the sale of pooja
items and sale of flower garlands in respect of the Valliyamkavu Devi
Temple under the control of the 1st respondent, for 2021-22;pending
disposal of the WP(C).
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this Court's order dated
01-11-2021 and upon hearing the arguments of M/S. PAUL ABRAHAM VAKKANAL &
VINEETHA SUSAN THOMAS, Advocates for the petitioner, SRI. G. BIJU,
STANDING COUNSEL for respondents 1 to 5 and of M/S. K.SATHEESHKUMAR,
SREELEKHA I.P. & D.AJITH KUMAR, Advocates for respondent 6, the court
passed the following:-
ANIL K. NARENDRAN & P.G. AJITHKUMAR, JJ.
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W.P.(C) No. 19896 of 2021
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Dated this the 5th day of November, 2021
ORDER
Anil K. Narendran, J.
From the pleadings and materials on record and also the submissions made by the learned counsel on both sides, this Court finds that the petitioner has defaulted payment of more than Rs.19 lakhs, as per tender conditions, towards the second and third instalments in the right to sell pooja items and the second instalment in the right to sell flower garlands in Valliyamkavu Devi Temple.
Having considered the submissions made by the learned on both sides, we deem it appropriate to direct the petitioner to pay a sum of Rs.10 lakhs, out of the said defaulted payment, the 4th respondent-Assistant Devaswom Commission, within a period of two weeks.
No person with criminal antecedents shall be employed in the petitioner's stall and the police clearance certificate of 2 W.P.(C) No.19896 of 2021 the employees shall be produced before the 4 th respondent, forthwith, if not already produced. The petitioner shall also not violate the conditions of Clause 14 of the General Conditions of Ext.R1(a) tender conditions or COVID protocol. In case, any violations, it is for the Administrative Officer to take necessary action.
List on 30.11.2021.
Sd/-
ANIL K. NARENDRAN, JUDGE Sd/-
P.G. AJITHKUMAR, JUDGE dkr 05-11-2021 /True Copy/ Assistant Registrar