Guruvayoor Multi Purpose Co-Operative Society vs. The Commissioner
Held
The Court held that the Devaswom's fresh tender notification was not in compliance with its earlier judgment and directed the Devaswom to finalize the tender process based on the re-tender notification (Ext.P5) with the last submission date as 10.09.2019. The Court also dismissed allegations of misconduct against Pramodh for lack of substantial evidence and proper procedure. The decision of the Managing Committee to withdraw the non-compliant tender notification was upheld.
Facts
The case involves a tendering process by Guruvayur Devaswom for running cloakroom and footwear counters. Petitioner K.V. Pramodh was the lone tenderer in the initial bid, which was subsequently stopped and re-tendered. Following a High Court judgment (Ext.P9) directing the Devaswom to extend the re-tender submission date to 10.09.2019, the Devaswom issued a fresh notification with a later date, which it later withdrew. The Guruvayoor Multi Purpose Co-operative Society, the previous contractor, challenged this withdrawal.
Key Issues
The key legal issues were whether the Guruvayur Devaswom complied with a previous High Court order regarding tender submission deadlines, the validity of subsequent tender notifications issued by the Devaswom, and whether allegations of misconduct against a tenderer could disqualify them without due process.
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Heard together (2 matters)
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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR & THE HONOURABLE MR.JUSTICE N.NAGARESH FRIDAY, THE 20TH DAY OF DECEMBER 2019 / 29TH AGRAHAYANA, 1941 WP(C).No.25406 OF 2019(A) PETITIONER: K.V.PRAMODH AGED 46 YEARS S/O. VASU, KANDAMPULLI HOUSE, KOONAMMOOCHI P. O., THRISSUR DISTRICT - 680504. BY ADV. SRI.G.SREEKUMAR (CHELUR) RESPONDENTS: 1 THE STATE OF KERALA REP. BY THE SECRETARY TO THE GOVERNMENT, DEVASWOM MINISTRY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM DISTRICT - 695 001. 2 THE ADMINISTRATOR GURUVAYOOR DEVASWOM, GURUVAYOOR P. O., THRISSUR DISTRICT - 680101 3 THE GURUVAYOOR DEVASWOM MANAGING COMMITEE REP. BY ITS CHAIRMAN, GURUVAYOOR P. O., THRISSUR DISTRICT - 680101 4 THE GURUVAYOOR MULTI PURPOSE CO-OPERATIVE SOCIETY NO.R-1214, GURUVAYOOR P. O., REPRESENTED BY ITS PRESIDENT SUBRAMANIAN PAKKATH, PAKKATH HOUSE, SHARUN NIVAS, THRISSUR DISTRICT - 680101 R2-3 BY ADV. SRI.T.K.VIPINDAS R4 BY ADV. SMT.K.NANDINI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20.12.2019, ALONG WITH WP(C).27656/2019(F), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.25406 & 27656 OF 2019(A) 2 IN THE HIGH COURT OF KERALA AT ERNAKULAM
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