Facts of the Case

K V Pramodh challenged an order dated 31.05.2023 of the Guruvayoor Devaswom Administrator and an associated Managing Committee decision (No.35), which had allotted the operation of a digitalised cloakroom and footwear-counter facility in the Guruvayur Sree Krishna Temple to a party without following a competitive tender process, instead fixing the licence fee at a rate above the previous year's rate plus 18% GST and a 5% security deposit.

The 18% GST figure appears in the record only as a component of how the licence fee was computed for the facility being allotted — it does not raise any GST-law question for adjudication; the core dispute was whether such a valuable commercial facility inside a major temple could be allotted without inviting competitive tenders.

After examining precedent on the duties of trustees/managing committees managing public trust property (including the principle that trust property should not be alienated or allotted without following a fair process), the Court set aside both the impugned order and the underlying Managing Committee decision, directing that a proper tender notification be issued.

Issues Involved

  1. Whether the Guruvayoor Devaswom Administrator and Managing Committee could allot the digitalised cloakroom/footwear-counter facility to a party without inviting competitive tenders.

Petitioner's Arguments

  • Allotment of a valuable temple facility without a competitive tender process was contrary to law and the fiduciary duties owed by the Managing Committee in managing public trust property, and ought to be set aside.

Respondent's Arguments

  • The respondents relied on the Managing Committee's decision No.35 to justify the allotment at a fee pegged to the previous year's rate plus 18% GST and a 5% security deposit, without a fresh tender process.

Court Order / Findings

  • The Court held that trustees/managing committees managing public trust property cannot allot valuable facilities without following a fair, competitive process, and that the impugned order and Managing Committee decision could not be sustained.
  • The impugned order dated 31.05.2023 and the Managing Committee's decision No.35 were set aside, with a direction to issue a tender notification inviting tenders for the digitalised cloakroom and footwear-counter facility for the year 2023-24 or a one-year period, to be completed within two months.

Important Clarification

This is a temple/public-trust property allotment dispute decided on principles of fair process for public trust property — the 18% GST reference is simply part of how the disputed licence fee had been calculated, and the ruling has no bearing on GST law itself.

Sections Involved

  • Travancore-Cochin Hindu Religious Institutions Act, 1950 — administration of Devaswom/temple properties and fiduciary duties of the Managing Committee
  • Constitution of India, 1950 — Article 226 (writ jurisdiction)

Decision – In Favour of

Decided in favour of the petitioner — the impugned allotment order and Managing Committee decision were set aside, with a direction to conduct a fresh, competitive tender process.

Case Details

  • Court: High Court of Kerala at Ernakulam
  • Case No.: W.P.(C) No.20218 of 2023
  • Coram: Hon'ble Mr. Justice Anil K. Narendran and Hon'ble Mrs. Justice Sophy Thomas
  • Date of Order: 19.09.2023

Link to Download the Order

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