Sumesh Kumar R vs. The State Of Kerala
Held
The Court found that the highest bidder (5th respondent) did not remit the entire 50% of the bid amount by the extended deadline of 12:00 noon on 15.11.2023. Consequently, the Court directed the Travancore Devaswom Board to re-tender the Kuthaka items in question, ensuring strict adherence to the tender conditions regarding remittance of bid amounts.
Facts
The petitioner, the second highest bidder, challenged the award of tenders for Kuthaka items (stall/shop room leases) in Sabarimala Devaswom to the 5th respondent, the highest bidder. The petitioner contended that the 5th respondent failed to remit the bid amount within the stipulated time as per the tender conditions and an extended deadline, thus violating the tender terms.
Key Issues
The key legal issue was whether the highest bidder complied with the tender conditions regarding the timely remittance of the bid amount, and if not, what remedy should be granted to the second highest bidder or the tendering authority.
Sections Cited
None mentioned
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ANIL K. NARENDRAN & THE HONOURABLE MR.JUSTICE G. GIRISH FRIDAY, THE 19TH DAY OF JANUARY 2024 / 29TH POUSHA, 1945 WP(C) NO.38290 OF 2023 PETITIONER:
SUMESH KUMAR R AGED 48 YEARS S/O P RAVINDRAN NAIR, SIVAN PARAMBIL, VATTAKKINAR WARD, ALAPPUZHA H.O, ALAPPUZHA, PIN - 688001
BY ADVS. MANU GOVIND AISWARYA V.
RESPONDENTS:
1 THE STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT REVENUE (DEVASWOM) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 THE TRAVANCORE DEVASWOM BOARD REPRESENTED BY ITS SECRETARY, NANTHANCODE KOWDIAR P O, THIRUVANANTHAPURAM- 695033 3 THE EXECUTIVE OFFICER SABARIMALA, TRAVANCORE DEVASWOM BOARD, SABARIMALA, PATHANAMTHITTA, PIN - 689662 4 THE DEVASWOM COMMISSIONER TRAVANCORE DEVASWOM BOARD, NANTHANCODE, KOWDIAR P O,THIRUVANANTHAPURAM, PIN - 695003 5 SRI.JAYADEEP SASIDHARAN KARTHIKA, VALLAKKADAVU, THIRUVANANTHAPURAM - 695008 *ADDL.R6 THE DEPUTY DIRECTOR, KERALA STATE AUDIT DEPARTMENT, TRAVANCORD DEVASWOM
2
W.P(C)Nos.38290 and 38495 of 2023 BOARD AUDIT, NANTHANCODE, THIRUVANANTHAPURAM - 695
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