IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE 21ST DECEMBER 2011 / 30TH AGRAHAYANA 1933 DBA.No. 22 of 2011 -------------------------- IN THE MATTER OF CDB-AUCTION SALE OF THE RIGHT OF CONDUCTING VEDI VAZHIPADU IN THRIPRAYAR SREERAMA SWAMY TEMPLE FOR THE YEAR 2011-2012 ........ APPLICANT: SECRETARY, COCHIN DEVASWOM BOARD, THRISSUR. BY ADV. SMT.P.K.RADHIKA RESPONDENT: DEPUTY DIRECTOR, LOCAL FUND ACCOUNTS, COCHIN DEVASWOM AUDIT, THRISSUR. BY SR.GOVT. PLEADER SRI.T.RAMAPRASAD UNNI THIS DEVASWOM BOARD APPLICATION HAVING BEEN FINALLY HEARD ON 21/12/2011 ALONG WITH WPC NO. 6956 OF 2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Thottathil B.Radhakrishnan & M.L.Joseph Francis, JJ. ------------------------------------------------------------- W.P.(C)No.6956 of 2011 & D.B.A.No.22 of 2011 ------------------------------------------------------------- Dated this the 21st day of December, 2011 JUDGMENT Thottathil B.Radhakrishnan J. The Cochin Devaswom Board auctioned the right to conduct Vedivazhipadu in Thriprayar Sreerama Swamy Temple for the year 2011-2012. It was bid by Chandran, who is the fourth respondent in W.P.(C)No.6956/2011. D.B.A.No.22/2011 is filed by the CDB seeking an order approving the said auction and confirmation in favour of Chandran. 2. During the course of the proceedings, different orders were generated which led the parties to the Deputy Chief Controller of Explosives. In terms of the interim orders issued in the case, petitioner in W.P.(C)No. 6956/2011 is conducting the activity of Vedivazhipadu for the year 2011-2012 at the rates quoted by Chandran. We have the inputs from the Additional District Magistrate and also the Controller of Explosives (In DBA 22/2011 & WPC 6956/2011 2 Charge). Having regard to the contents of the counter affidavit of the Controller of Explosives (In Charge), we are of the view that it will not be proper for us to take a view either holding that it is Chandran or the petitioner in W.P.(C)No.6956/2011 who is fully competent to carry out the activity. But, whatever short comings were noted by the Controller of Explosives (In Charge) are stated to have been rectified by Chandran obtaining subsequent certification. This is also refuted by the opposite side. The period of the activity would expire by the end of the current financial year and the Board would commence inviting tenders for the next financial year by January 2012. We notice that there is considerable scope for accusation that the tender notice issued by the Board for the year 2011-2012 is vague in many relevant particulars. Operations using explosive substances have to be only under proper control and in terms of the regulatory provisions contained in the relevant laws regulating such action. There has to be clarity in this aspect. The invitation for tenders shall specifically include the requirements to hold a particular DBA 22/2011 & WPC 6956/2011 3 licence necessary for carrying out the activity. This has to be mentioned by clearly stating the type of licences with reference to the laws relating to explosives. It has also to be insisted that possession of such licences shall be mandatory as on the date of the submission of the application. It cannot be deferred till the activity commences. If the CDB authorities want any clarification about the type of licences to be insisted upon, such clarification shall be obtained from the Deputy Chief Controller of Explosives, Ernakulam. The CDB will ensure that any further action for granting vedivazhipadu under it in different Temples shall be governed by what is stated herein. The situation obtained by the interim orders issued in this case will continue as of now and that will be permitted to continue for the current financial year. Petitioner in W.P.(C)No.6956/2011 would make remittance to the Board in terms of the offer made by Chandran. The relief sought for by the CDB is refused in the light of what is aforesaid. The writ petition and DBA are ordered accordingly leaving open the question of qualification and the right of the parties to DBA 22/2011 & WPC 6956/2011 4 bid for the next time. Any amount deposited by the petitioner in W.P.(C)No.6956/2011 in terms of the interim orders will be refunded/released to the petitioner therein. (Thottathil B.Radhakrishnan, Judge) (M.L.Joseph Francis, Judge) tkv