K V Pramodh vs. *The State Of Kerala
Held
The High Court held that granting the extension without inviting fresh tenders was arbitrary, illegal, and unsustainable, as it denied opportunities to other bidders and did not subserve the best interest of the Devaswom. The Court set aside the extension order and directed the Devaswom to issue a fresh tender notification for digitalized cloakrooms and footwear counters.
Facts
The petitioner challenged the Guruvayur Devaswom Managing Committee's decision to extend the Kuthaka right for operating cloakrooms and footwear counters to the 4th respondent Co-operative Society for the year 2023-24. This extension was granted without a tender process, based on a 5% increase over the previous year's rate plus 18% GST.
Key Issues
The key legal issue was whether the Guruvayur Devaswom Managing Committee could extend a contract for Kuthaka rights without a tender process, merely with a nominal increase, and if such an action was arbitrary and illegal.
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 MRS.JUSTICE SOPHY THOMAS TUESDAY, THE 19TH DAY OF SEPTEMBER 2023 / 28TH BHADRA, 1945 W.P.(C)NO.20218 OF 2023 PETITIONER:
K V PRAMODH, AGED 49 YEARS, S/O VASU, KANDAMPULLI HOUSE, KOONAMMOOCHI P O, THRISSUR DISTRICT, PIN – 680504. BY ADV G.SREEKUMAR (CHELUR)
RESPONDENTS:
1
*
*[THE STATE OF KERALA, REP. BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT (REVENUE DEPARTMENT) GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM DISTRICT, PINCODE-695 001.] THE DESCRIPTION OF R1 SUO MOTU CORRECTED AS PER THE WP(C)NO.20218/2023 AS FOLLOWS: STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE(DEVASOM) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 OO1. 2 W.P.(C) No.20218 of 2023
2
*
*[THE ADMINISTRATOR, GURUVAYOOR DEVASWOM, GURUVAYOOR P O, THRISSUR DISTRICT, PINCODE-680101.] THE DESCRIPTION OF R2 SUO MOTU CORRECTED AS PER THE WP(C)NO.
The judgment continues below.
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