KERALA PLANTATIONS Vs. TRAVANCORE DEVASWOM BOARD

JUDGEMENT

(1.) The petitioner is the successful bidder in favour of whom the contract has been awarded by the 1st respondent/Devaswom for supply of flowers for 'pushpabhishekam' and other poojas as covered by Item No.3 of Ext.P1 notification. It is stated that he quoted a total sum of Rs.1,59,59,595/- and is supplying the flowers accordingly. It is pointed out that he had participated in the bid in respect of some other items as well and is effecting supplies of those items also, in terms of the contract.

(2.) The grievance of the petitioner is with regard to the 'time restriction' imposed by this Court with regard to movement of tractors from Pampa to Sannidhanam and back. It is stated that, normally, 600 Kgs. to 800 Kgs. of flowers are needed everyday, which are being brought in refrigerated Trucks from Dindigal and Thovala in Tamil Nadu and Bangalore in Karnataka. By the time the Trucks reach Chalakkayam, it may be around 3'o clock or later and the Trucks are made to wait in the queue to reach Pampa. From Pampa, the flowers are being taken to Sannidhanam in Tractors and because of the time restriction in movement of Tractors, the flowers get spoiled/damaged. It is in the said circumstance, that the petitioner is constrained to move before this Court with the following prayers:-

(3.) We adjourned the matter on the last occasion to get instructions. In the meanwhile, the petitioner filed I.A.No.20231/2017 producing some additional documents as Exts.P2 and P3. Ext.P2 is a copy of the representation submitted before the Police Controller, Pampa with reference to the number of Tractors deployed [No.KL-04-N-7465 and KL- 10-AE-2336] to take the flowers to Sannidhanam. Ext.P3 is a representation preferred before the Special Commissioner, Sabarimala on 07.12.2017 giving the particulars of two refrigerated trucks [Nos.KL-37-C-5336 and KL-37-D-2818] which are bringing the flowers up to Pampa. The learned counsel for the petitioner submits that permission is sought for only in respect of 'One tractor' and to take flowers without time restriction and the other tractor is only to remain as a substitute. Similarly, interference is called for to enable the petitioner to jump the queue from Chalakkayam to Pampa for either of the two vehicle bearing Nos.KL-37C-5336 and KL-04- N-7465 carrying flowers at a time, while the other vehicle is to remain as a substitute, in case of emergency.