This writ petition challenges the denial of a tender award by the Travancore Devaswom Board. The Court dismissed the petition holding that the petitioner, not being a manufacturer as required by tender conditions, was not entitled to the contract.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR
&
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA
FRIDAY, THE 1ST DAY OF NOVEMBER 2013/10TH KARTHIKA, 1935
WP(C).No. 26629 of 2013 (C)
PETITIONER:
KERALA STATE CO-OPERATIVE MARKETING FEDERATION LTD. GANDHI NAGAR, COCHIN - 682 020 REPRESENTED BY THE MANAGING DIRECTOR.
BY ADV. SRI.GEORGE POONTHOTTAM
RESPONDENTS:
BY ADV. SRI.KRISHNA MENON, SC, TRAVANCORE DEVASWOM BOARD
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01-11-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 26629 of 2013
APPENDIX
PETITIONER'S EXHIBITS:
RESPONDENTS' EXHIBITS : NIL.
// True Copy //
PA to Judge
T.R.RAMACHANDRAN NAIR
&
B.KEMAL PASHA, JJ.
W.P.(C) No.26629 of 2013 C
Dated this the 1st day of November, 2013
J U D G M E N T
~ ~ ~ ~ ~ ~ ~ ~ ~
Ramachandran Nair, J.
This writ petition is filed by the petitioner seeking to issue a direction to the Travancore Devaswom Board to award the petitioner the contract for supply of jaggery powder at Sabarimala. According to the petitioner, the petitioner is the lowest tenderer. It is pointed out that the rate quoted by the petitioner is lower than that of the second respondent by 10 paise per kilogram.
that going by the conditions prescribed in the tender notification, only a manufacturer is entitled to submit a tender and the petitioner being not a manufacturer cannot be awarded the contract. It is also submitted that as far as the credentials of the
WPC.26629/2013
: 2 :
second respondent are concerned, due enquiries have been made and their tender has been accepted.
not be entitled to submit the tender. Apart from that, condition No.3 of the tender conditions will show that prosecution under the Food Safety and Standards Act, 2006 may be initiated, if there is violation of the provisions of the Act apart from the Regulation. The petitioner not being a manufacturer, prima facie, the first respondent may not be able to proceed with against the petitioner, if subsequently any violations with regard to the provisions of the Act are found out. In that view of the matter also, this Court will not be justified in entertaining this writ petition.
Writ petition is dismissed.
Sd/- (T.R.RAMACHANDRAN NAIR, JUDGE)
Sd/- (B.KEMAL PASHA, JUDGE)
aks/01/11
// True Copy //
PA to Judge
2 issues framed by the court
Whether a petitioner not being a manufacturer is entitled to be awarded a tender for supply of jaggery powder.
Whether the court can issue direction to award the contract to the lowest bidder who does not meet tender conditions.
Kerala State Co-Operative Marketing Federation Ltd.
Travancore Devaswom Board
Govindraj Parwa Agro Products (P) Ltd
T.R.Ramayachandran Nair
B.Kemal Pasha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
