SUMESH KUMAR R Vs. STATE OF KERALA

JUDGEMENT

(1.) The issue raised in these writ petitions relates to the process pursuant to a notification dtd. 7/11/2023 issued by the 3rd respondent-Executive Officer, Sabarimala, regarding open tender for certain Kuthaka items in Sabarimala Devaswom, during Mandala- Makaravilakku festival season of 1199 ME (2023-24), for the period from 11/11/2023 to 31/10/2024. The petitioner participated in the open tender conducted on 14/11/2023, for Kuthaka items 5 and 31 in Ext.P1 list of Kuthaka items. The document marked as Ext.P1 is the list of Kuthaka items, which forms part of the tender notification and Ext.P2 is the general and special conditions, which forms part of that tender notification.

(2.) The petitioner is the second highest bidder in respect of Kuthaka item 5, namely, Gold/Silver offering stall near the Nadapanthal at Sabarimala Sannidhanam. He is also the second highest bidder in respect of Kuthaka item 31, two shop rooms at Malikappuram. The highest bidder in those Kuthaka items is one Jayadeep Sasidharan, the 5threspondent in W.P.(C)Nos.38290 of 2023 and 38495 of 2023. In W.P.(C)No.38290 of 2023, the petitioner is seeking relief in respect of Kuthaka item 5 and in W.P.(C)No.38495 of 2023, he is seeking relief in respect of Kuthaka item 31. The common reliefs sought for in the writ petitions are a writ of mandamus commanding the 2ndrespondent-Travancore Devaswom Board, to confirm the petitioner as the highest bidder in respect of Kuthaka items 5 and 31, after offering him the very same time period offered to the 5threspondent for remitting the bid amount or in the alternative, a writ of mandamus commanding the 2ndrespondent Board to re-tender Kuthaka items 5 and 31 in Ext.P1 list, within a time limit to be fixed by this Court. The case of the petitioner is that the remittance made by the 5threspondent towards the bid amount in Kuthaka items 5 and 31 was beyond the time limit specified in Ext.P2 general and special conditions, which forms part of the tender notification dtd. 7/11/2023. The 5threspondent, who did not have the required amount with him on 14/11/2023 or even within the extended time limit on 15/11/2023, was permitted to remit the bid amount in violation of clause 4 of the general and special conditions. In respect of Kuthaka item 5, the highest bid was Rs.40,25,000.00 and that in respect of Kuthaka item 31, was Rs.40,21,200.00. As against the aforesaid amount, in the tender process held on 14/11/2023, the petitioner quoted Rs.40,00,000.00 and Rs.39,00,000.00 respectively, as stated in paragraph No.5 of the counter affidavit dtd. 28/11/2023 filed by respondents 2 to 4.

(3.) On 17/11/2023, when W.P.(C)No.38290 of 2023 came up for admission, the learned Standing Counsel for Travancore Devaswom Board submitted that as the tender process could be concluded only by 10.00 p.m. on 14/11/2023, the successful bidders were granted an extension of time till 12.00 noon on 15/11/2023, for remitting the bid amount. Necessary documents to substantiate that fact can be placed on record, by the next posting date.