K.V.PRAMODH Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition is filed seeking directions to finalise the tender invited under Ext.P1 notification issued by the Guruvayoor Devaswom in respect of running a cloakroom on the eastern nada excluding the counter retaining the footwear; the western nada cloakroom and footwear counter for the period from 01.06.2019 to 30.05.2020, in the name of the petitioner. The admitted position is that he was the only person who responded to Ext.P1 tender notification. This writ petition was filed on 05.07.2019 and on the very next day itself viz. on 06.07.2019 Ext.R2(d) tender notification was issued. Essentially, it was issued taking note of the fact that as against Ext.P1 only single tender was received.

(2.) Evidently, the counter affidavit filed in this writ petition for respondents 1 & 2 would reveal that the Devaswom was persuaded to take such a decision especially taking into account the substantial increase effected in the rates leviable by the tenderer from the users/storing of footwear and other articles specifically mentioned in paragraph No.4 of the counter affidavit.

(3.) The learned counsel appearing for the petitioner would contend that even after realising that the petitioner is only the person who responded to Ext.P1 notification, the petitioner was invited for a negotiation. This fact is not disputed. But at the same time, in the counter affidavit, it is stated that such negotiation was conducted to explore the possibility of getting a better quote since the Guruvayoor Devaswom Managing Committee was faced with the contingency to meet the requirements of the devotees who come to the temple in the event of termination of the previous tender to conduct the cloakroom. In that context, it is relevant to refer to Ext.P2 judgment of this Court in W.P.(C)No. 14382/2019 dated 30.05.2019. The petitioner therein which is a multipurpose Co-operative Society approached this Court by filing the said writ petition seeking stay of all proceedings pursuant to Ext.P3 re-tender scheduled on 24.05.2019 and Ext.P1 notice. The said Society was the successful bidder in the auction conducted pursuant to the earlier tender notification and being the successful bidder, after complying with the formalities it has been conducting the cloakroom. Its contract period was for one year from 01.08.2018 to 31.07.2019. The said Society moved the said writ petition on coming to know about Ext.P3 which is a copy of newspaper advertisement dated 8.5.2019 in Mathrubhoomi daily. Essentially, it is a paper advertisement pertaining to Ext.P1 notification, referred as such, in this writ petition. Such circumstances revealed from Ext.P2 judgment would constrain us to appreciate the contingency highlighted by the Devaswom to issue Ext.P1 notification.