Case Law Details
Suneesh K.S. Vs Travancore Devaswom Board (Kerala High Court)
Facts- The petitioner is the successful bidder in the auction conducted by the Board for the sale of pooja items and flower garlands inside Valliyamkavu Devi Temple from 01.04.2021 to 31.03.2022. Later on, the petitioner failed to deposit some of the instalments. The main reason for the failure as pointed out by the petitioner was lockdown due to pandemic.
Accordingly, the Administrative Officer was directed not to permit the petitioner to sell the pooja items and flower garlands near the Temple without remitting the balance instalments.
Being aggrieved, the petitioner moved the Court seeking a writ of mandamus commanding the respondents not to interfere with the functioning of the petitioner’s stall in the premises of the Temple.
The respondents submitted that after finalization of the tender proceedings, the petitioner was to execute a formal agreement, which he deliberately evaded from. According to the respondents, the petitioner was merely trying to evade from performing his part of the contract by not executing the agreements. Taking advantage of such breach, the petitioner was now contending that he is not liable to make payment of the balance amount.
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