K.V.PRAMODH Vs. STATE OF KERALA

JUDGEMENT

(1.) These two writ petitions relate to one tendering process, have common questions of law and facts and hence are heard together and disposed of by a common judgment.

(2.) The impugned tendering process is in respect of running of the cloakroom on the eastern nada of Guruvayur Temple and the cloakroom and footwear counter on the western nada of the temple. A society named Guruvayur Multipurpose Co-operative Society (the petitioner in W.P.(C) No.27656/2019 and hereinafter referred to as 'the Society') was conducting the aforesaid work during the previous year on contract basis. On 07.05.2019, the Guruvayur Devaswom invited tenders for the said work for the period from 01.06.2019 to 31.05.2020. The petitioner in W.P.(C) No.25406/2019 (hereinafter referred to as 'the petitioner') participated in the tender and he was the lone tenderer. The tender amount was ₹57,77,777/-. The petitioner was called by the Devaswom authorities for further negotiations on 25.06.2019 and the rate was fixed at ₹60,00,000/-. The period of work of the earlier tenderer was extended and was to end on 31.07.2019. While so, on 10.06.2019, the Guruvayur Devaswom issued a letter to the petitioner stating that in view of the judgment in W.P.(C) No.14382/2019, the tender process initiated on 07.05.2019 is temporarily stopped.

(3.) The petitioner thereupon filed W.P.(C) No.18517/2019 seeking to direct the Guruvayur Devaswom to confirm the tender in his favour. In the said writ petition, the Guruvayur Devaswom submitted that since the tender submitted by the petitioner pursuant to notification dated 07.05.2019 was a single tender, the Devaswom decided to re- tender the work and has already published a fresh tender notification on 06.07.2019. This Court found that the re-tender is in the best interest of the Devaswom. However, taking into account the entire facts, this Court held that the last date fixed for re-tender was 18.07.2019 and since the petitioner had approached this Court even prior to the re-tender notification dated 06.07.2019, the petitioner cannot be found fault with in not responding to the re-tender notification dated 06.07.2019. This Court further held that the petitioner was justified in believing that the fate of re-tender notification depends upon the outcome of W.P.(C) No.18517/2019. This Court, therefore, held that interest of justice demands extension of last date for submission of tenders pursuant to re-tender notification. Accordingly, this Court disposed of W.P.(C) No.18517/2019 with the folllowing directions:-