WP(C)/12548/2025 of SREELEKHA V. Vs STATE OF KERALA on 11 April 2025

J U D G M E N T

Muralee Krishna, J.

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: “Issue a writ of mandamus [sic:writ of certiorari] or any other appropriate writ or order setting aside the tender proceedings pursuant to Exhibit P1 to the extent to which closed tender was permitted by the respondents 2 to 5 or else allow a denovo tender pursuant to Exhibit P1.”

2. Going by the averments in the writ petition, Ext.P1 advertisement dated 07.03.2025 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 14.03.2025 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

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amount of Rs.83,600/- and deposit an amount of Rs.8,400/- 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 dated 06.02.2025 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 lakhs and Rs.5 lakhs. The regulation stipulates that for items having a bid amount below Rs.5 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/- payable in the name of the Accounts Officer of the Travancore Devaswom Board and also quoted an amount of Rs.89,150/- 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/-, and it was the highest bid. In addition to

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the open tender proceedings, the petitioner had also quoted Rs.2,11,222/- as concealed tender as demanded by the 4th and 5th respondents. However, the tender was allotted to the 6th respondent, who quoted an amount of Rs.1,11,111/- as concealed tender. The petitioner gave Ext.P3 letter dated 14.03.2025 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 dated 17.03.2025 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 25.03.2025, 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

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admission for respondents 2 to 5. Urgent notice on admission by special messenger was ordered to the 6th respondent, returnable by 28.03.2025. 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.

4. On 28.03.2025, the 6th respondent entered appearance through counsel who sought time to file counter affidavit. The learned Standing Counsel also sought time to file counter affidavit. The interim order dated 25.03.2025 was extended by one month.

5. The 6th respondent filed a counter affidavit dated 06.04.2025, producing there with Exts.R6(a) to R6(d) documents, opposing the reliefs sought in the writ petition. The 2nd respondent also filed a counter affidavit dated 08.04.2025 opposing the reliefs sought in the writ petition.

6. Heard the learned counsel for the petitioner, the learned Senior Government Pleader, the learned Standing Counsel for Travancore Devaswom Board and the learned counsel appearing for the 6th respondent.

7. In pursuance to Ext.P1 advertisement dated 07.03.2025, the petitioner and the 6th respondent participated in

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the tender process for allotment of a pooja stall in the Narmadeswaram Shiva Temple, under the management of Travancore Devaswom Board. As per condition No.4 in Ext.P2 notification dated 06.02.2025 issued by the 3rd respondent, for items below Rs.5 lakhs, there will be only open tender. However, the petitioner participated in open tender proceedings and also submitted a concealed tender. The 6th respondent submitted only concealed tender.

8. During the course of arguments, the learned counsel for the petitioner pointed out that the petitioner quoted an amount of Rs.2,11,222/- by way of concealed tender, as directed by respondents 4 and 5. The amount quoted by the 6th respondent in the concealed tender is far below the amount quoted by the petitioner. However, the quote of the petitioner was rejected stating the reason that he had not submitted a separate Earnest Money Deposit for concealed tender. As per Exts. P1 and P2, there is no stipulation for submitting such Earnest Money Deposit. The petitioner had submitted a demand draft for an amount of Rs.8,400/- at the time of participating in the open tender.

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9. The open tender as well as the concealed tender proceedings were held on the same day. Admittedly, the petitioner quoted Rs.2,11,222/- in the concealed tender, which is far higher than the concealed tender submitted by the 6th respondent. Since the stipulation in Ext.P2 notification was only to conduct an open tender for the Pooja items below Rs.5 lakhs, it cannot be said that the petitioner had to submit another E.M.D. for participating in the concealed tender. In such circumstances, we find merits in the writ petition. In the result, the writ petition is allowed, by setting aside the tender proceedings pursuant to Ext.P1 advertisement and the 3rd respondent Commissioner of Travancore Devaswom Board is directed to initiate fresh tender proceedings for allotment of Pooja stall in the Narmadeswaram Shiva Temple, strictly in conformity with Ext.P2 notification. The tender process shall be completed as expeditiously as possible, at any rate within a period of one month from the date of receipt of a certified copy of this judgment. The petitioner as well as the 6th respondent are at liberty to participate in the fresh tender proceedings, if they satisfy the conditions of tender notification. The amount, if any, deposited by the 6th

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respondent in pursuance to Ext.P1 advertisement shall be returned to her before initiating the fresh tender proceedings.

Sd/- ANIL K. NARENDRAN, JUDGE Sd/-

MURALEE KRISHNA S., JUDGE DSV/-

WP(C) NO. 12548 OF 2025

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APPENDIX OF WP(C) 12548/2025

PETITIONER’S EXHIBITS

Exhibit P1 THE TRUE COPY OF THE TENDER ADVERTISEMENT ISSUED BY THE 4TH RESPONDENT (ASSISTANT COMMISSIONER, THIRUVANANTHAPURAM, TRAVANCORE DEVASWOM BOARD DATED 07/03/2025 ALONGWITH ITS TYPED COPY

Exhibit P2 THE TRUE COPY OF THE NOTIFICATION ISSUED BY THE 3RD RESPONDENT COMMISSIONER OF DEVASWOM, TRAVANCORE DEVASWOM BOARD DATED 06.02.2025

Exhibit P3 THE TRUE COPY OF THE LETTER GIVEN TO THE 5TH RESPONDENT SUB GROUP OFFICER, TRAVANCORE DEVASWOM BOARD, SREEVARAHAM DATED 14.03.2025 ALONGWITH ITS TYPED COPY

Exhibit P4 THE TRUE COPY OF THE SAID REPRESENTATION GIVEN TO THE 3RD RESPONDENT DATED 17.03.2025.

RESPONDENT EXHIBITS

EXHIBIT R6 (a) CUSTOMER COPY ISSUED BY DHANALEKSHMI BANK ON 12/03/2025 PAID IN THE NAME OF ACCOUNTS OFFICER TRAVANCORE DEVASWOM BOARD.

EXHIBIT R6 (b) RECEIPT NUMBER A9445 DATED 14/03/2025 ISSUED BY THE DEVASWOM BOARD.

EXHIBIT R6 (c) NOTICE ISSUED BY THE TRAVANCORE DEVASWOM BOARD DEVASWOM COMMISSIONER OFFICE THIRUVANANTHAPURAM ON 26/03/2025.

EXHIBIT R6 (d) NOTICE ISSUED BY THE TRAVANCORE DEVASWOM BOARD DEVASWOM COMMISSIONER OFFICE THIRUVANANTHAPURAM ON 01/04/2025.