VidhiSangh

Supreme Court of India · 06/10/2025

P. RADHAKRISHNAN & ANR. versus COCHIN DEVASWOM BOARD & ORS.

[2025] 10 S.C.R. 286 · 2025 INSC 1183

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Summary

Having upheld the Devaswom Board's enhancement of a licence fee, the High Court went on, without notice to the writ petitioners, to direct a fresh fixation of the fee and a vigilance enquiry into the original allotment. The Supreme Court expunged those directions as beyond the scope of the writ petition, contrary to natural justice and leaving the petitioners worse off for having come to court.

Issues

  1. Whether, after upholding the enhanced licence fee challenged in the writ petition, the High Court could direct the Board to refix the licence fee in light of another decision and order a vigilance enquiry into the allotment of the land, without notice to the writ petitioners.
  2. Whether a writ petitioner can be placed in a worse position as a result of approaching the court.

Held

Result

Appeal partly allowed; the High Court's directions to refix the licence fee and to hold a vigilance enquiry were expunged and set aside; the Board left free to enhance the fee in accordance with law; appellants to pay the balance of the enhanced fee and arrears, as undertaken, within three months; no order as to costs.

Judgment PDF: Supreme Court of India, [2025] 10 S.C.R. 286.