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2015 DIGILAW 263 (KER)

V. Sreekumar v. Travancore Devaswom Board

2015-03-19

ANIL K.NARENDRAN, P.N.RAVINDRAN

body2015
Judgment Anil K. Narendran, J. 1. The petitioner in W.P.(C)No.3206 of 2014 is a devotee of 'Sree Vallabha', the chief deity of Sree Vallabha Maha Temple, Thiruvalla, under the Travancore Devaswom Board. The Writ Petition has been filed seeking a writ of mandamus commanding respondents 1 to 4 to conduct public auction of the right to open/operate temporary stalls/shops in the property belonging to Sree Vallabha Maha Temple, Thiruvalla, on individual basis to the prospective stall/shop operators, with adequate publicity in vernacular dailies, after sketching, identifying and estimating the available property, within such time as this Court may deem fit and proper in the interests of justice and for other consequential reliefs. 2. By order dated 26.11.2014, this Court referred the above Writ Petition to the Honourable Ombudsman for his report. After conducting a detailed enquiry, the Honourable Ombudsman has filed TDB Report No.13 of 2015. 3. In the Writ Petition the petitioner has made serious allegations in the conduct of the public auction to sell the right to run temporary stalls/shops on the Devaswom property of Sree Vallabha Maha Temple, Thiruvalla, during the annual festival season. The learned Standing Counsel for the Travancore Devaswom Board and also the learned counsel for the Temple Advisory Committee have raised serious objections about the bonafides of the petitioner in approaching this Court seeking such a relief. The learned counsel for the Temple Advisory Committee would contend that, it was the petitioner who started the practice of taking in auction the temple premises through his nominee, who used to let out portions of such premises to various intending stall/shop operators after collecting huge amounts. At the same time, the report dated 5.3.2014 filed by the Commissioner of the Travancore Devaswom Board, pursuant to the order passed by this Court dated 28.2.2014, prima facie discloses irregularities in the sale by public auction of the right to run temporary stalls/shops on the Devaswom property of Sree Vallabha Maha Temple, Thiruvalla, conducted during the previous festival season. 4. The report filed by the Honourable Ombudsman also discloses various irregularities in the public auction conducted during the previous festival season. The Honourable Ombudsman has found that the practice followed in the temple for a long time was that the auction will be settled in favour of one person for and on behalf of the Temple Advisory Committee for a total amount ranging between Rs. 70,000/- to Rs. The Honourable Ombudsman has found that the practice followed in the temple for a long time was that the auction will be settled in favour of one person for and on behalf of the Temple Advisory Committee for a total amount ranging between Rs. 70,000/- to Rs. 80,000/- and such person or committee used to let out portions of such premises to various intending stall/shop operators after collecting huge amounts. The Devaswom Commissioner has in his report dated 5.3.2014 stated that, during the previous festival season the tender notice was published after dividing the land put up for auction into 30 plots, in order to prevent revenue loss by awarding the licence to a single person. In the auction conducted on 25.2.2014 nine persons participated and the revenue has increased to Rs. 1,03,675/-. It is stated that though more people had assembled near the auction hall only nine persons participated in the auction and that most of the plots were re-auctioned by the actual licensees to third parties after receiving substantially high amounts. Further, it is stated that as against 30 plots auctioned by the Board, 36 shops were found on the Devaswom property and the Commissioner had directed the Devaswom officers to remove the unauthorised shops or to negotiate with the unauthorised vendors and regularise their occupation, without causing any loss to the Devaswom. The Honourable Ombudsman has in his report suggested, among other things, that the practice of preventing the intending bidders by certain persons with vested interests should be prevented with the help of the Police and the Chief Vigilance Officer of the Devaswom may be directed to be present at the time of auction. 5. By order dated 9.2.2015, this Court directed the Travancore Devaswom Board to incorporate the conditions enumerated in Clause Nos.(i) to (xiii) in Para.6 of that order in the tender notification in order to ensure a fair and transparent tender process in the public auction of the right to open temporary stalls/shops on the Devaswom property of Sreevallabha Maha Temple, Thiruvalla, during the current festival season. Clauses (i) to (xiii) in Para.6 of order dated 9.2.2015 read thus: “(i) The auction shall be confined to 49 plots identified in the site sketch prepared by the Assistant Engineer, Travancore Devaswom Board, Thiruvalla and produced before this Court; (ii) The upset price for the plots shall be as mentioned in the statement prepared by the Assistant Engineer, Travancore Devaswom Board, Thiruvalla and produced before this Court; (iii) The auction shall be conducted in the presence of the Chief Vigilance Officer of the Board, who shall ensure that the intending bidders are not prevented in any manner by persons with vested interests. The Chief Vigilance Officer shall also seek Police assistance for the smooth conduct of the auction, if found necessary; (iv) At the time of auction, the bidders shall carry their voters identity card issued by the Election Commission of India or any other proof of identity recognised by the Government and shall also furnish a self attested photostat copy of the identity card to the Officer conducting the auction. (v) The intending bidders shall produce the requisite EMD by way of Demand Draft drawn in their name. (vi) No bidder shall be permitted to bid for more than one plot. If there are vacant plots after the auction, such plots shall be put to auction on the very next day at the very same time. In the absence of sufficient number of bidders on the second day, more than one plot can be allotted to a single bidder; (vii) No licensee shall be permitted to put up more than one stall/shop on a single plot; (viii) No person shall be permitted to conduct any stall/shop in an area other than that shown in the sketch prepared by the Assistant Engineer, Travancore Devaswom Board, Thiruvalla; (ix) No licensee shall have the right to re-auction/sub-let the plot to a third party and if any such instance comes to the notice of the Board, the Board shall be entitled to cancel such license forthwith and evict the licensee from the plot, by forfeiting the entire license fee. But, the Board shall give the licensee a reasonable time to remove his articles; (x) The licensee should personally conduct the business in the stall/shop put up on the plot taken in auction and he should also carry his proof of identity with him while conducting such business; (xi) No licensee shall be permitted to occupy the plot allotted to him beyond the period of the license. But, it would be open to the Board to give a grace period up to one week, after collecting proportionate license fee, to enable the licensee to remove his articles from the plot or for selling the balance articles; (xii) No member of the Temple Advisory Committee or their near relations, or the employees of the Travancore Devaswom Board or their near relations shall be entitled to participate in the auction either personally or as a nominee of another; (xiii) No bidder shall interfere with the conduct of any religious rites, rituals, customs, practises and other ceremonies of the temple. Bidders shall be bound to follow the temple manners and instructions issued by the Board from time to time, failing which he will be summarily evicted after forfeiting the entire license fee.” 6. Pursuant to our order dated 9.2.2015, the public auction of the right to open temporary stalls/shops on the Devaswom property of Sree Vallabha Maha Temple Thiruvalla, during the current festival was conducted on 16.2.2015 and 18.2.2015 respectively and the stalls/ shops were auctioned for a total amount of Rs. 3,95,915/-. 7. We heard the arguments of the learned counsel for the petitioner, the learned Standing Counsel for the Travancore Devaswom Board, the learned counsel for the Temple Advisory Committee and also the Amicus Curiae for the Honourable Ombudsman. 8. The learned counsel for the petitioner argued that in the auction conducted for the year 2012, 2013 and 2014, the total amount received by the Travancore Devaswom Board in the sale by public auction of the right to run temporary stalls/shops on Devaswom property of Sree Vallabha Maha Temple, Thiruvalla was Rs. 67,000/-, Rs. 75,700/- and Rs. 1,79,375/- respectively. On the other hand, in the public auction conducted for the current festival season, pursuant to the order passed by this Court on 28.12.2014, the Travancore Devaswom Board received a total amount of 3,92,950/-. 67,000/-, Rs. 75,700/- and Rs. 1,79,375/- respectively. On the other hand, in the public auction conducted for the current festival season, pursuant to the order passed by this Court on 28.12.2014, the Travancore Devaswom Board received a total amount of 3,92,950/-. The learned counsel for the petitioner would contend that the auction conducted on 16.2.2015 and 18.2.2015 was without adequate publicity and had those auctions been conducted with adequate publicity, the total amount would have gone much higher. 9. The learned counsel for the petitioner would further contend that there was a deliberate attempt on the part of the Devaswom officials and the Temple Advisory Committee to see that the auction amount would not go higher so as to see that their earlier stand for monopoly auction would be justified. The said allegation made on behalf of the petitioner was strongly opposed by the learned Standing Counsel for the Travancore Devaswom Board and the learned counsel for the Temple Advisory Committee. The learned counsel for the Temple Advisory Committee would also point out that it was the petitioner who started the practice of taking in auction the temple premises through his nominee, who used to let out portions of such premises to various intending stall/shop operators after collecting huge amounts from them. 10. We notice that, in the public auction conducted pursuant to the order dated 9.2.2015, there is an increase of income to the tune of Rs. 2,13,575/- compared to the income received by the Travancore Devaswom Board for the previous year. The said fact is not disputed either by the Standing Counsel for the Travancore Devaswom Board or by the learned counsel appearing for the Temple Advisory Committee. The learned Standing Counsel for the Travancore Devaswom Board would also submit that, if this Court is directing the Board to continue the procedure contemplated in order dated 9.2.2015 for the coming years, adequate provision may be made permitting the Board to allot free of rent at least 10 shops/stalls of reasonable size to charitable institutions with non-profit motive who are in the field of publication of religious books and publications. 11. We notice that in the public auction conducted pursuant to order dated 9.2.2015, there is a considerable increase in the income fetched by auctioning the right to open temporary stalls/shops on the Devaswom property during the festival season. 11. We notice that in the public auction conducted pursuant to order dated 9.2.2015, there is a considerable increase in the income fetched by auctioning the right to open temporary stalls/shops on the Devaswom property during the festival season. Further, since the auction is confined to the plots identified in the sketch prepared by the Assistant Engineer concerned, the putting up of such shops can be regulated in such a manner that only least inconvenience is caused to the devotees coming to the temple premises during the festival season. Therefore, we are of the considered view that, in the coming years as well, public auction of the right to open temporary stalls/shops at the Devaswom property of Sree Vallabha Maha Temple Thiruvalla, during festival seasons, should be conducted strictly in terms of Clauses (i) to (xiii) referred to above. We also make it clear that it would be open to the Travancore Devaswom Board to reserve at least five stalls of reasonable size for allotment during festival seasons, to charitable institutions with non-profit motive who are in the field of publication of religious books and publications, free of rent, for selling such books and publications. The allotment of stalls, if any, to such institutions shall be on first come first served basis. 12. The tender notification incorporating the above conditions along with the usual terms and conditions of the tender notifications issued by the Travancore Devaswom Board shall be published at least one month prior to the date of auction in the notice board of the Devaswom office and also in the temple premises. The Travancore Devaswom Board shall also publish a notification regarding the public auction in one or two vernacular dailies having vide circulation in the locality. The Chief Vigilance Officer of the Travancore Devaswom Board and his subordinates shall conduct periodic visits during the festival season to ensure that there is no violation of any of the tender conditions by the licensees and that no unauthorised stalls/shops are put up in the temple premises. 13. We also deem it appropriate to direct the Travancore Devaswom Board to incorporate the above conditions, with necessary modifications in all tender notifications issued by the Board to conduct public auction of the right to open temporary stalls/shops on the Devaswom property of all the temples under the Devaswom, treating this as a general guidelines. 13. We also deem it appropriate to direct the Travancore Devaswom Board to incorporate the above conditions, with necessary modifications in all tender notifications issued by the Board to conduct public auction of the right to open temporary stalls/shops on the Devaswom property of all the temples under the Devaswom, treating this as a general guidelines. It would also be open to the Travancore Devaswom Board to reserve upto five stalls of reasonable size in all such temple premises, during festival seasons, for allotment to charitable institutions with non-profit motive, who are in the field of publication of religious books and publications, free of rent, for selling such books and publications. The allotment of stalls, if any, to such institutions shall be on first come first served basis. W.P.(C)No.3206 of 2014 and TDB Report No.13 of 2015 are disposed of as above.