IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 1ST DECEMBER 2010 / 10TH AGRAHAYANA 1932 WP(C).No. 35329 of 2010(M) ----------------------------------------- PETITIONER(S): ------------------------- RAJESH, RAJESH NIVAS, PETTA, PATHANAMTHITTA. BY ADVS. SRI.V.K.SUNIL, SMT.NIMA JACOB RESPONDENT(S): -------------------------- 1. THE TRAVANCORE DEVASWAM BOARD, REPRESENTED BY ITS COMMISSIONER, THIRUVANANTHAPURAM-3. 2. THE EXECUTIVE OFFICER, SABARIMALA DEVASWAM, TRAVANCORE DEVASWAM BOARD, NANTHANCODE, THIRUVANANTHAPURAM-3. 3. LICENSEE, STALL NO.18 (ON THE SIDE OF NEELIMALA-SWAMY AYYAPPAN TREK PATH), SANNITHANAM, SABARIMALA (THROUGH THE EXECUTIVE OFFICER, SABARIMALA DEVASWAM) - 3. R1 & R2 BY ADV. SRI. V.V.NANDAGOPAL NAMBIAR, SC, TDB R3 BY ADV. SRI.T.S.HARIKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.35329/2010 M APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE RECEIPT (TDB CHALLAN) FOR THE PAYMENT OF THE LICENCE FEES OF STALL NO.19 ISSUED FROM THE DHANALAXMI BANK DTD. 6/10/2010. P2: COPY OF THE SCHEDULE OF STALLS OF SABARIMALA DEVASWOM OF 1186 ME (2010-11) ISSUED BY THE RESPONDENTS. P3: COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER UNDER RIGHT TO INFORMATION ACT BEFORE THE 1ST RESPONDENT. P4: COPY OF THE REPRESENTATION-CUM-OFFER LETTER DTD.23/11/2010 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. RESPONDENT'S EXHIBIT: R3(A): COPY OF THE TDB CHALLAN NO.793 DTD. 19/11/2010 ISSUED TO THE 3RD RESPONDENT. /TRUE COPY/ P.A.TO JUDGE Kss THOTTATHIL B.RADHAKRISHNAN & P. BHAVADASAN, JJ. ------------------------------------------- W.P(C).No.35329 OF 2010 ------------------------------------------- Dated this the 1st day of December, 2010 JUDGMENT Thottathil B.Radhakrishnan, J. Stall No.18, near Appachimedu, was auctioned out last year. On the ground that there was road widening and for certain other reasons, that space was excluded from the Kuthaka auction this year. In fact, there was a writ petition at the instance of some of the devotees saying that there should be no stall in that area because that will affect the free movement of the devotees in connection with the 'Ariyunda Vazhipadu', which is a ritualistic throwing of rice balls into the forest. After that writ petition, the Travancore Devaswom Board found that the available space could be carved out to have stall No.18. According to the TDB, auction of that stall space was notified and there were three participants. The third respondent was the highest bidder. That bid is yet to be confirmed by the competent authority. The petitioner says that the bid was in a clandestine manner and he is prepared even to offer Rs.7 lakhs for stall WPC.35329/10 2 No.18 as against Rs.1,25,250/- for which the third respondent has bid. Learned counsel for the TDB is right in pointing out that the matter is still pending for confirmation with the Devaswom Commissioner and objections to confirmation in the form of a representation has also been made to that authority by the writ petitioner. Under such circumstances, leaving all contentions open and recognising the authority of the Commissioner in that regard, this writ petition is ordered directing that the third respondent and the petitioner will be heard and a decision taken in relation to the fixation of the auction of stall No.18 at the earliest, at any rate, within a period of one week from now. The parties are directed to appear before the Devaswom Commissioner tomorrow. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. Sd/- P.BHAVADASAN, Judge. kkb.1/12.