Facts of the Case

This matter arose from a Devaswom Board Proceeding (DBP No.69 of 2023) concerning a complaint about the auctioning of 'Ulsavaparambu' belonging to Sarkara Devaswom in the Varkala Group for the year 2022. The complainant, Sri Rajeev Kumar, alleged that the same bidder had been regularly winning the Ulsavathara auction connected with the Meenabharani Maholsavam over successive years, raising a suspicion of cartel formation to suppress the auction amount.

The auction amounts for the years in question were relatively modest (Rs.40,00,000/- for 2022 and Rs.83,00,500/- for 2023), and the complainant contended this pattern warranted investigation.

The Division Bench considered the materials and submissions and directed the Travancore Devaswom Board to conduct a detailed enquiry, through its Chief Vigilance Security Officer, into whether cartel formation had occurred in the 2022 and 2023 auctions, with notice to the complainant, the successful bidder, and the Deputy Devaswom Commissioner.

Issues Involved

  1. Whether the repeated success of the same bidder in Ulsavathara auctions over successive years at Sarkara Devaswom warranted a vigilance enquiry into possible cartel formation.

Petitioner's Arguments

  • The same person was regularly bidding and winning the Ulsavathara auction connected with the Meenabharani Maholsavam, suggesting cartel formation and suppression of the auction price, which called for investigation given the modest auction amounts involved.

Respondent's Arguments

  • The specific defence of the Devaswom Board and other respondents is not detailed at length in the extracted portions beyond the general administrative context.

Court Order / Findings

  • The Court directed the Travancore Devaswom Board to conduct a detailed enquiry, through the Chief Vigilance Security Officer, into the alleged cartel formation in the 2022 and 2023 Ulsavathara auctions.
  • The enquiry was to be conducted with notice to the complainant, the successful bidder, and the Deputy Devaswom Commissioner, with the enquiry report to be placed before the Board and its decision communicated to the Ombudsman by the end of October 2023.
  • The Ombudsman was directed to file a fresh report if further interference by the Court was warranted.

Important Clarification

This is a temple/Devaswom administration matter about auction transparency and possible cartel formation — it has no connection to GST law, and readers should not expect any GST-related finding from this order.

Sections Involved

  • Travancore-Cochin Hindu Religious Institutions Act, 1950 — administration of Devaswom properties and vigilance oversight

Decision – In Favour of

Decided in favour of the complainant to the extent that a detailed vigilance enquiry was ordered — no final finding of cartel formation was recorded; that determination was left to the enquiry process.

Case Details

  • Court: High Court of Kerala at Ernakulam
  • Case No.: DBP No.69 of 2023
  • Coram: Hon'ble Mr. Justice Anil K. Narendran and Hon'ble Mr. Justice P.G. Ajithkumar
  • Date of Order: 03.08.2023

Link to Download the Order

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