LAWS(KER)-2023-8-226

K. S. MOHANAN Vs. STATE OF KERALA

Decided On August 23, 2023
K. S. Mohanan Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) The petitioner participated in the tender process pursuant to Ext.P1 tender notice dtd. 1/7/2023 issued by the Deputy Administrator, Guruvayur Devaswom, for the kuthaka right of selling coconuts to the devotees and collecting broken coconuts from Guruvayur Sree Krishna Temple and Sastha Temple for the period from 1/11/2023 to 31/10/2024. The petitioner has filed this writ petition, invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of Inda, seeking a writ of certiorari to quash Ext.P5 re-tender notification dtd. 7/8/2023 issued by the Deputy Administrator, Guruvayur Devaswom as per which the tenders received up to 3.00 p.m. on 25/8/2023 will be opened at 3.00 p.m. The petitioner has also sought for a writ of mandamus commanding the respondents to finalise the process of tender pursuant to Ext.P1 notification dtd. 1/7/2023 and confirm the tender in his favour; and a declaration that Ext.P5 re-tender notification dtd. 7/8/2023 is bad, insofar as it does not give any reason for invalidating the tender process initiated pursuant to Ext.P1 notification.

(2.) On 21/8/2023, when this writ petition came up for admission, the Deputy Director, Local Fund Audit, Guruvayur Devaswom Audit, was suo motu impleaded as the additional 5th respondent. The learned Standing Counsel for Guruvayur Devaswom Managing Committee and the learned Senior Government Pleader sought time to get instructions.

(3.) Heard the learned counsel for the petitioner, the learned Senior Government Pleader for the 1strespondent State and the additional 5threspondent Deputy Director and the learned Standing Counsel for Guruvayur Devaswom Managing Committee for respondents 2 to 4.