SREELEKHA V. Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, who participated in the tender proceedings for allotment of a pooja stall in the Narmadeswaram Shiva Temple, conducted by the 2nd respondent Travancore Devaswom Board for the year 2025 - 26, filed this writ petition under Article 226 of the Constitution of India seeking the following relief:

(2.) Going by the averments in the writ petition, Ext.P1 advertisement dtd. 7/3/2025 was issued from the office of the 4th respondent Assistant Devaswom Commissioner for allotment of a Pooja stall in the Narmadeswaram Shiva Temple. As per the notification, the tender proceedings are to be conducted on 14/3/2025 at 10.00 a.m. at Sreevaraham Devaswom. As per the conditions stipulated in the notification anyone interested in participating in the tender proceedings should quote a minimum amount of Rs.83,600.00 and deposit an amount of Rs.8,400.00 as earnest money, vide; demand draft payable in the name of Accounts Officer of the Travancore Devaswom Board. The 3rd respondent Commissioner of Travancore Devaswom Board issued Ext.P2 General as well as Special Regulations dtd. 6/2/2025 applicable to various temples coming within its purview regarding the notification of e-tender for the year 2025-26. Regulation No.4 of Ext.P2 classifies, on the basis of criteria of the tender amount involved in allotting Sanchaya kuthaka items into four categories. The tender of Pooja stall is included in category D, in which the bid amount involved is between Rs.2.00 lakhs and Rs.5.00 lakhs. The regulation stipulates that for items having a bid amount below Rs.5.00 lakhs, no e-tender proceedings will be conducted and only open tender proceedings shall be held. The petitioner deposited the earnest money, vide; demand draft for an amount of Rs.8,400.00 payable in the name of the Accounts Officer of the Travancore Devaswom Board and also quoted an amount of Rs.89,150.00 towards open tender proceedings. In the open tender proceedings held, only two persons including the petitioner participated. The petitioner bid in the open tender for the quoted amount of Rs.89,150.00, and it was the highest bid. In addition to the open tender proceedings, the petitioner had also quoted Rs.2,11,222.00 as concealed tender as demanded by the 4th and 5th respondents. However, the tender was allotted to the 6 th respondent, who quoted an amount of Rs.1,11,111.00 as concealed tender. The petitioner gave Ext.P3 letter dtd. 14/3/2025 to the 5th respondent Sub Group Officer seeking his intervention to allot the tender to the petitioner. But the tender was allotted to the 6th respondent and when the petitioner questioned the said act, he was informed that the petitioner's quote was rejected, as he had not deposited two separate demand drafts; one for the open tender and the other for the concealed tender. The regulation No.4 of Ext.P2 stipulates that for category D, only open tender proceedings shall be conducted. The petitioner then submitted Ext.P4 representation dtd. 17/3/2025 to the 3rd respondent narrating the facts. However, no action had been taken by the 3rd respondent and hence the petitioner approached this Court with the above writ petition.

(3.) On 25/3/2025, when this matter came up for consideration, the learned Senior Government Pleader took notice on admission for the 1st respondent and the learned Standing Counsel for Travancore Devaswom Board took notice on admission for respondents 2 to 5. Urgent notice on admission by special messenger was ordered to the 6th respondent, returnable by 28/3/2025. It was further ordered that in case confirmation of tender has not taken place, the same shall be deferred for a period of one week.