Sumesh Kumar R vs. The State Of Kerala
Held
The Court found that the 5th respondent's remittance for Kuthaka item 5 was made after the extended deadline, violating tender conditions. Therefore, the grant of Kuthaka item 5 to the 5th respondent was cancelled and a re-tender was ordered.
Facts
The petitioner participated in an open tender for Kuthaka items in Sabarimala. He was the second highest bidder for two items, while the 5th respondent was the highest bidder. The petitioner alleged that the 5th respondent failed to remit the bid amount within the stipulated time.
Key Issues
Whether the 5th respondent remitted the bid amount within the stipulated time as per tender conditions. Whether the petitioner, as a lower bidder, can challenge the award to the highest bidder.
Sections Cited
Clause 4 of general conditions
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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