Syam P.R. v. State of Kerala & Guruvayur Devaswom Managing Committee & Devaswom Commissioner & K.S. Mohanan

# **`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 17[TH] DAY OF MARCH 2023 / 26TH PHALGUNA, 1944 ``` ``` W.P.(C)NO.4773OF 2023 ``` ``` PETITIONER: ``` ``` SYAM P.R.,AGED 33 YEARS, S/O RAVI, PUTHIYEDATH (H), KANNANAMKULAM, CHENTHRAPPINNI P.O., THRISSUR DIST., PIN - 680687 ``` ``` BY ADVS. RESMI A. R.KRISHNA RAJ E.S.SONI KUMARI SANGEETHA S.NAIR ``` ``` RESPONDENTS: ``` - **`1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE(DEVASWOM), KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001`** - **`2 GURUVAYUR DEVASWOM MANAGING COMMITTEE, REPRESENTED BY ITS ADMINISTRATOR, GURUVAYOOR DEVASWOM BOARD, GURUVAYOOR, THRISSUR, PIN - 680101`** - **`3 DEVASWOM COMMISSIONER, GURUVAYOOR DEVASWOM BOARD, DEVASWOM BUILDING, GURUVAYOOR, THRISSUR, PIN - 680101`** - **`4 K.S.MOHANAN, S/O. SUBRAHMANIAN(LATE) KODATHOOR HOUSE THAIKKAD P.O., GURUVAYOOR, THRISSUR, PIN - 680104`** 2 W.P.(C)No.4773 of 2023 ``` BY ADVS. ``` ``` ABDUL HAKHIM M A JOSEPH GEORGE(K/001096/2011) M.A.AZEEZ MUSHTAQUE(K/2461/2021) ``` ## **`OTHER PRESENT:`** ``` SRI S.RAJMOHAN – SR. GOVERNMENT PLEADER ; SRI T.K.VIPINDAS - STANDING COUNSEL, GDMC ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 3 W.P.(C)No.4773 of 2023 ## **JUDGMENT** ## **Anil K. Narendran, J.** The petitioner, who is a devotee of Guruvayur Sree Krishna Temple, which is under the management of the 2[nd] respondent Guruvayur Devaswom Managing Committee, has filed this writ petition seeking a writ of mandamus commanding the said respondent not to grant tender to the 4[th] respondent for the right to conduct Thulabharam Vazhipadu in Guruvayur Sree Krishna Temple, pursuant to Ext.P2 tender notification dated 11.01.2023, who quoted 0.0001 paisa for Rs.100/- as commission. The petitioner has also sought for a writ of mandamus commanding the 2[nd] respondent Managing Committee to properly assess the tenders for conducting Thulabharam Vazhipadu in Guruvayur Sree Krishna Temple and grant the same after properly assessing the background of the persons, so as to ensure that malpractices are not committed while conducting Thulabharam Vazhipadu. 2. On 14.02.2023, when this writ petition came up for admission, this Court admitted the matter on file. The learned Senior Government Pleader took notice for the 1[st] respondent. The learned Standing Counsel for Guruvayur Devaswom 4 W.P.(C)No.4773 of 2023 Managing Committee took notice for respondents 2 and 3. Urgent notice on admission by special messenger was ordered to the 4[th] respondent, returnable by 16.02.2023. 3. The 4[th] respondent has filed a counter affidavit dated 25.02.2023 producing therewith Exts.R4(a) to R4(d) documents. The 2[nd] respondent Guruvayur Devaswom Managing Committee has filed a counter affidavit dated 28.02.2023 producing therewith Exts.R2(a) to R(e) documents. The petitioner has filed a reply affidavit dated 01.03.2023. 4. On 01.03.2023, when this writ petition came up for consideration, this Court passed a detailed order. Paragraph 8 of that order reads thus; “Since the issue raised in this writ petition requires detailed consideration, while adjourning this writ petition, we make it clear that the award of tender for Thulabharam Vazhipadu in Guruvayur Sree Krishna Temple to the 4[th] respondent will be subject to further orders to be passed in this writ petition. The 2[nd] respondent Managing Committee shall ensure strict compliance of the directions contained in Ext.P1 order of this Court dated 12.08.2022 in DBP No.18 of 2022, in letter and spirit. The CCTV footage from Thulabharam Counter shall be monitored at regular intervals by the Deputy Administrator, which shall be preserved, in an appropriate manner, by the Deputy Administrator. 5 W.P.(C)No.4773 of 2023 Frisking of employees engaged by Thulabharam Contractor shall be conducted at the time of their entry and exit from Thulabharam Counter, by the Deputy Administrator. CCTV footage of frisking of employees shall also the preserved by the Deputy Administrator. In case, there is default on the part of the 4[th] respondent in performing his duties in connection with 'Thulabharam Vazhipadu', the Managing Committee shall take necessary steps to ensure the smooth conduct of the said Vazhipadu, by making necessary arrangements departmentally, which shall be brought to the notice of this Court, forthwith.” 5. Heard the learned counsel for the petitioner, the learned Senior Government Pleader for the 1[st] respondent, the learned Standing Counsel for Guruvayur Devaswom Managing Committee for respondents 2 and 3 and also the learned counsel for the 4[th] respondent. 6. In **Suo motu v. State of Kerala and others [2022/KER/43932]** this Court held that neither the kuthaka holder nor the person engaged by him to conduct Thulabharam Vazhipadu can accept any money from the devotees as dakshina. This Court has issued various directions in the said order, in order to ensure that the devotees, after performing Thulabharam Vazhipadu are not placing money on the Thulabhara Thattu or giving any amount as dakshina to the 6 W.P.(C)No.4773 of 2023 person engaged by the kuthaka holder. This Court has also issued directions to the Managing Committee to ensure that perishable items for Thulabharam Vazhipadu are being replaced at regular intervals by the kuthaka holder and the CCTV footage from Thulabharam Counter is monitored at regular intervals, in order to ensure that there is no exploitation of devotees in any manner by the kuthaka holder or persons employed by him for conducting Thulabharam Vazhipadu. Paragraphs 7 to 11 of that order read thus; “7. The specific stand taken in the affidavit filed by respondents 2 and 3 is that they never entertained the practice of ‘Thattilpanam’ to be placed on the seat on which ‘Thulabaram is being conducted. Boards have been fixed in the Thulabharam counter for the awareness of the devotees not to place money on the 'Thulabharam Thattu'. The photographs of the boards near Thulabharam counter are marked as Annexure R3(a). In addition to this, boards have been kept at different places of the Thulabharam counter exhibiting the rates for Thulabharam, as evident from Annexure R3(b) photographs. In the said boards, it is exhibited that Thattilpanam is being collected while issuing the receipt for Thulabharam Vazhipadu. In the affidavit of respondents 2 and 3, it is stated that, in spite of these, some devotees are placing Thattilpanam voluntarily on Thulabharam Thattu. None of the staff deployed by the contractor are compelling devotees to place Thattilpanam (dakshina) on the Thulabharam Thattu. 7 W.P.(C)No.4773 of 2023 The contractor is specifically instructed that the persons engaged by him for the conduct of Thulabharam are not compelling the devotees to place Thattilpanam and any violation would be taken very seriously and necessary action would be taken against the contractor and his employees, who are flouting the directions issued in this regard. 8. The stand taken in the affidavit filed by the additional 4[th] respondent kuthaka holder of Thulabharam Vazhipadu in Sree Krishna Temple, Guruvayur is that he is not forcing the devotees to place money on Thulabharam Thattu. The Devaswom has placed boards at different places of the Thulabharam counter to inform the devotees not to place any money on the Thulabharam Thattu. However, the devotees, after conducting Thulabharam Vazhipadu may give dakshina to the persons, who help them to conduct the Vazhipadu. The same is being continued even now by most of the devotees. The said act of the devotees is upon their free will. The additional 4[th] respondent never asked or forced any devotees to give money, as alleged in the news item. He is not collecting any amount towards Thattilpanam. No devotees place cash or other valuables in the Thulabharam Thattu. 9. From the pleadings and materials on record and also the submissions made by the learned Standing Counsel for Guruvayur Devaswom Managing Committee and also the learned Senior Counsel for the Additional 4[th] respondent kuthaka holder, we find that the devotees, after Thulabharam Vazhipadu are giving money to the person engaged by the kuthaka holder for conducting Thulabharam Vazhipadu. Neither the kuthaka holder nor 8 W.P.(C)No.4773 of 2023 the person engaged by him to conduct Thulabharam Vazhipadu can accept any money from the devotees as dakshina. The averments in the affidavit filed by respondents 2 and 3 would make it explicitly clear that Guruvayur Devaswom Managing Committee and the officials of the Devaswom are well aware of such collection of money by the person engaged by the kuthaka holder for conducting Thulabharam Vazhipadu. It is for Guruvayur Devaswom Managing Committee and the Devaswom officials to take immediate action to see that the devotees, after performing Thulabharam Vazhipadu is not paying any amount as dakshina to the person engaged by the kuthaka holder for conducting Thulabharam Vazhipadu. The Devaswom staff, who has been deputed to oversee Thulabharam Vazhipadu, shall ensure that the devotees after performing Thulabharam Vahipadu are not placing money on the Thulabharam Thattu or giving any amount as dakshina to the person engaged by the kuthaka holder. The devotees shall be informed that Thattilpanam is being collected by the Devaswom while issuing receipts and that neither the kuthaka holder nor the person engaged by him for conducting Thulabharam Vazhipadu is expected to collect any amount from the devotees as dakshina. Guruvayur Devaswom Managing Committee shall exhibit boards at appropriate places in Hindi, Tamil, Telugu and Kannada, in addition to Malayalam and English, to inform the devotees that they need not place Thattilpanam or pay dakshina for performing Thulabharam Vazhipadu. Necessary steps in this regard shall be taken, as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a certified copy of 9 W.P.(C)No.4773 of 2023 this order. 10. The stand taken in the affidavit filed by the additional 4[th] respondent kuthaka holder is that perishable items for Thulabharam Vazhipadu are being replaced at regular intervals, as stated in paragraph 4 of the affidavit. He is keeping a minimum quantity of 110kgs of the items used of Thulabharam Vazhipadu. Lotus and Tulasi are not easily available in the market and it is not practically feasible to store large quantities, as it occupies large space. 11. The concerned officials of Guruvayur Devaswom and also the Devaswom staff who has been deputed to oversee Thulabharam Vazhipadu shall take necessary steps to ensure that the perishable items used for Thulabharam Vazhipadu are replaced at regular intervals by the additional 4[th] respondent kuthaka holder. They shall also ensure that the kuthaka holder is maintaining sufficient quantity of various items for Thulabharam Vazhipadu, as stated in paragraph 6 of the affidavit filed by the said respondent. The CCTV footage from Thulabharam counter shall be monitored at regular intervals by the concerned officials of the Devaswom, in order to ensure that there is no exploitation of devotees in any manner by the 4[th] respondent kuthaka holder or the persons employed by him for conducting Thulabharam Vazhipadu.” 7. The apprehension of the petitioner is that the 4[th] respondent will not be in a position to conduct 'Thulabharam Vazhipadu' in Guruvayur Sree Krishna Temple, at the rate quoted in his tender, i.e., 0.0001 paisa for Rs.100/- as commission, if the directions contained in the decision of this 10 W.P.(C)No.4773 of 2023 Court in **Suo motu v. State of Kerala and others [2022/KER/43932]** , a copy of which is marked as Ext.P1, is implemented in letter and spirit, by the 2[nd] respondent Guruvayur Devaswom Managing Committee. 8. On the other hand, the specific stand taken in the counter affidavit filed by the 4[th] respondent is that he made the tender by way of charity [sic:offering] to Guruvayur Sree Krishna Temple. The 4[th] respondent considers it as an honour in getting such a contract for providing service to Guruvayur Sree Krishna Temple. 9. The learned Senior Government Pleader and also the learned Standing Counsel for Guruvayur Devaswom Managing Committee would place reliance on the decision in **Anilkumar T.K. v. Guruvayur Devaswom Managing Committee and others [2021/KER/8373]** , wherein a Division Bench of this Court held that in view of the decision of the Apex Court in **Food Corporation of India v. M/s. Kamdhenu Cattle Feed Industries [AIR 1993 SC 1601]** Circular No.01/01/10 dated 20.01.2010 and Circular No.4/3/07 dated 03.03.2007 issued by the Central Vigilance Commission [which were marked as Exts.P5 and P6 in W.P(C)No.21867 of 11 W.P.(C)No.4773 of 2023 2020] and also paragraph 9.48 of the Store Purchase Manual issued by the Government of Kerala, there cannot be an inviolable position that at no circumstances there can be a negotiation with the tenderers. In that view of the matter, in respect of tenders like supplying hybrid napier green grass, if it is found that the rates quoted by the tenderers are virtually on the higher side, it cannot be compelled that the tender of the lowest among them should be accepted, instead of attempting for a negotiation and getting the rate as acceptable, taking note of the reasonableness of price. 10. On 01.03.2022, when this writ petition came up for consideration, on a query made by this Court, the learned Standing Counsel for the Guruvayur Devaswom Managing Committee submitted that, in addition to the boards fixed in Thulabharam Counter and also at different places near Thulabharam Counter, regular announcements in multiple languages are being made to give awareness to the devotees not to place money on Thulabharam Thattu or to give Dakshina to the employees engaged by Thulabharam contractor. CCTV footage from Thulabharam Counter is being monitored by the concerned staff and also by the Deputy Administrator, in order 12 W.P.(C)No.4773 of 2023 to ensure that there is no exploitation of devotees in any manner by the Thulabharam Contractor or the employees engaged by him. 11. Having considered the materials on record and also the submissions made at the Bar, we find that the petitioner has not made out any valid ground to interfere with the grant of tender to the 4[th] respondent, pursuant to Ext.P2 tender notification dated 11.01.2023, for the right to conduct Thulabharam Vazhipadu in Guruvayur Sree Krishna Temple. As specifically provided in clause (25) of Ext.P2 tender notification, the grant of tender to the 4[th] respondent is subject to the directions contained in Ext.P1 decision of this Court in **Suo motu v. State of Kerala and others [2022/KER/43932]** . The 2[nd] respondent Guruvayur Devaswom Managing Committee shall ensure strict compliance of the directions contained in Ext.P1 decision of this Court in letter and spirit. The CCTV footage from Thulabharam Counter shall be monitored at regular intervals by the Deputy Administrator, which shall be preserved, in an appropriate manner, by the Deputy Administrator. Frisking of employees engaged by Thulabharam Contractor shall be conducted at the time of their 13 W.P.(C)No.4773 of 2023 entry and exit from Thulabharam Counter, by the Deputy Administrator. CCTV footage of frisking of employees shall also the preserved by the Deputy Administrator. In case, there is default on the part of the 4[th] respondent in performing his duties in connection with 'Thulabharam Vazhipadu' or violates the directions contained in Ext.P1 decision of this Court, the 2[nd] respondent Guruvayur Devaswom Managing Committee shall initiate appropriate proceedings against the 4[th] respondent and take steps to ensure the smooth conduct of the said Vazhipadu, by making necessary arrangements departmentally, which shall be brought to the notice of this Court, forthwith, by filing a DBA. The writ petition is disposed of with the above directions. Sd/Sd/- **P.G. AJITHKUMAR, JUDGE** ## **ANIL K. NARENDRAN, JUDGE** MIN 14 W.P.(C)No.4773 of 2023 ## **`APPENDIX OF WP(C) 4773/2023`** ## **`PETITIONER EXHIBITS`** ``` EXHIBIT P-1 ``` ``` TRUE COPY OF THE ORDER IN DBP.18 /2022 DATED 12.08.2022 ``` ``` EXHIBIT P-2 ``` ``` TRUE COPY OF THE TENDER NOTIFICATION ISSUED BY GURUVAYOOR DEVASWOM DATED 11.01.2023 ``` ## **`EXHIBIT P-3`** ``` TRUE COPY OF THE NEWS PUBLISHED IN MATHRUBHUMI NEWS PAPER DATED 04.02.2023 ``` ``` RESPONDENT EXHIBITS ``` ``` EXHIBIT R4(A) ``` ``` PHOTOSTAT COPY OF THE LETTER DATED 21/02/2023 SUBMITTED BY THE 4TH RESPONDENT TO THE ADMINISTRATOR OF THE 2ND RESPONDENT ``` ``` EXHIBIT-R4(B) PHOTOSTAT COPY OF THE WORK ORDER DATED 20/02/2023 ISSUED BY THE ADMINISTRATOR OF THE 2ND RESPONDENT TO THE 4TH RESPONDENT ``` ``` EXHIBIT-R4(C). PHOTOSTAT COPY OF THE DRAFT AGREEMENT SENT BY THE ADMINISTRATOR OF THE 2ND RESPONDENT TO THE 4TH RESPONDENT. ``` ``` EXHIBIT-R4(D). PHOTOSTAT COPY OF THE DRAFT AFFIDAVIT SENT BY THE ADMINISTRATOR OF THE 2ND RESPONDENT TO THE 4TH RESPONDENT ``` ``` EXHIBIT R2 (A) TRUE COPY OF THE RE-TENDER NOTIFICATION DATED 11-01-2023 ``` ``` EXHIBIT R2 (B) TRUE COPY OF THE RESOLUTION NO.11 OF THE GURUVAYUR DEVASWOM MANAGING ``` 15 W.P.(C)No.4773 of 2023 ``` COMMITTEE DATED 3-2-2023 ``` ``` EXHIBIT R2 (C) THE TRUE COPY OF THE RESOLUTION NO.14 OF GURUVAYUR DEVASWOM MANAGING COMMITTEE DATED 22-2-2023 EXHIBIT R2 (D) THE TRUE COPY OF THE AGREEMENT EXECUTED BY THE 4TH RESPONDENT DATED 23-2-2023 EXHIBIT R2 (E) THE TRUE COPY OF THE AFFIDAVIT SWORN BY THE 4TH RESPONDENT DATED NIL ```