Subi G.S. v. Travancore Devaswom Board and others

WP(C)NO. 29679 OF 2023 1 **IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN** **&** **THE HONOURABLE MRS. JUSTICE SOPHY THOMAS WEDNESDAY, THE 20[TH] DAY OF SEPTEMBER 2023/29TH BHADRA, 1945** **WP(C)NO.29679 OF 2023** ## **PETITIONER:** **SUBI G.S, AGED 43 YEARS S/O. LATE GOPI, SUBI NIVAS, THERIKKAVILA, PAROORKUZHI, VEDIVACHANCOIL P.O., PALLICHAL, THIRUVANANTHAPURAM-695501, PIN - 695501** **BY ADVS.D.KISHORE MEERA GOPINATH R.MURALEEKRISHNAN (MALAKKARA)** ## **RESPONDENTS:** - **1 THE TRAVANCORE DEVASWOM BOARD REPRESENTED BY ITS SECRETARY, DEVASWOM HEAD QUARTERS, NANTHANCODE, THIRUVANANTHAPURAM, PIN - 695002** **2 THE DEVASWOM COMMISSIONER TRAVANCORE DEVASWOM BOARD, DEVASWOM HEAD QUARTERS, NANTHANCODE, THIRUVANANTHAPURAM-695002 (THE PINCODE IN THE DESCRIPTION OF RESPONDENTS 1 AND 2 CORRECTED AS 695003 AS PER ORDER DATED 1409-2023 IN WPC 29679/2023), PIN - 695002** **3 ADDL.R3. THE DEPUTY DIRECTOR, LOCAL FUND AUDIT, TRAVANCORE DEVASWOM BOARD AUDIT, NANTHANCODE, THIRUVANANTHAPURAM - 695003 (SUO MOTU IMPLEADED AS PER ORDER DATED 14-09-2023 IN WPC 29679/2023)** **SR. GP SR. S. RAJMOHAN, SC-TDB SRI. G.BIJU** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WP(C)NO. 29679 OF 2023 2 ## **JUDGMENT** ## **Anil K. Narendran, J.** The petitioner, who submitted a Tender for making 'Appam Prasadam' in Sabarimala Devaswom for the year 1199 ME (202324), based on e-tender notification issued by the Executive Officer, Sabarimala subject to Ext.P1 general and special conditions for the tenders, dated 22.06.2023, issued by the 2[nd] respondent Devaswom Commissioner, has filed this writ petition under Article 226 of the Constitution of India seeking a writ of mandamus commanding the 2[nd] respondent to award the contract for making 'Appam Prasadam' at Sabarimala Devaswom, for the year 1199 ME (2023-24), in furtherance of the e-tender notification and Ext.P1 general and special conditions, forthwith, as he was the successful bidder in the bid conducted on 25.07.2023. The petitioner has also sought for a writ of mandamus commanding the 2[nd] respondent Devaswom Commissioner to consider and act on Ext.P3 representation dated 04.09.2023, with notice to the petitioner, expeditiously. 2. On 14.09.2023 when this writ petition came up for admission, the learned Standing Counsel for Travancore Devaswom Board submitted that, in respect of Unniyappam (gas kaara), Unniyappam (steam kaara) and Unniyappam (electric kaara), two persons each have submitted tenders. The verification of the WP(C)NO. 29679 OF 2023 3 credentials of those persons by the Chief Vigilance and Security Officer (Superintendent of Police) is pending and the report of the said officer is awaited. By the order dated 14.09.2023, the learned Standing Counsel was directed to make available for the perusal of this Court a copy of the tenders submitted in respect of Unniyappam (gas kaara), Unniyappam (steam kaara) and Unniyappam (electric kaara). 3. Today, when the matter is taken up for consideration, the learned Standing Counsel has made available for the perusal of this Court a copy of the tenders submitted by the petitioner and two others, namely, S.Sathyaseelan and B.Surendran Nair in respect of Unniyappam (steam kaara) and the tenders submitted by the petitioner and two others, namely, Krishnan Kutty J. and Jagadeesh Kumar K.C. in respect of Unniyappam (electric kaara). 4. Heard the learned counsel for the petitioner, the learned Standing Counsel for the Travancore Devaswom Board for respondents 1 and 2 and the learned Senior Government Pleader for the additional 3[rd] respondent, Deputy Director, Travancore Devaswom Board Audit. 5. The learned Standing Counsel for Travancore Devaswom Board would submit that, pursuant to letter ROC No:40/2023/SAB dated 18.08.2023 of the 2[nd] respondent Devaswom Commissioner, the report on the credentials and ability of those who submitted the WP(C)NO. 29679 OF 2023 4 tenders was called for from the Chief Vigilance and Security Officer (Superintendent of Police). The 2[nd] respondent is in receipt of the report of the Chief Vigilance and Security Officer (Superintendent of Police). 6. Clause Nos.15 and 20 of the general conditions in Ext.P1 general and special conditions for the tenders, dated 22.06.2023, issued by the 2[nd] respondent Devaswom Commissioner, read thus; “15. കുത്തക/ടടൻഡ എടകന ആർ ൾകക പസത ടതതഴഴലഴൽൻ മ പരഴചയയ ഉണതയഴരഴകകണതതണക. xxx xxx xxx 20. ഉണഴയപയ, അവൽ, കമതദകയ, ടവള്ള നഴകവദദയ, ശകര പതയസയ എനഴവയടട കരതറമതയഴർ ബനടപടക കണഴകന ടടൻഡറഴൽ പടങടകനവർ ടഴ കമഖലയഴൽ മൻ പരഴചയമള്ളവരയ അവർ മൻകതലങളഴൽ പരതതഴ രഹഴതമതയഴ ആയതക പത്ർ കരഴചഴടള്ളവരയ കഴമഴനൽ കകസകളഴൽ ഉൾ . ർ ടപടഴടഴലതത്തവരയ ആയഴരഴകകണതതണക അലതത്ത പകയ കദവസസയ കബതഡഴനക അവടര ഒഴഴവതകനതഴനക അധഴകതരമണതയഴരഴകനതതണക.” 7. Regarding the shortage of ‘Appaam Prasadam’ in Sabarimala Devaswom during Mandala-Makaravilakku festival season of 1197 ME (2021-22), the Special Commissioner, Sabarimala filed SSCR No.17 of 2021. The said SSCR along with DBA No.16 of 2021 were disposed of by the order dated 04.07.2022. In the last paragraph of that order, this Court noticed that the tender for making ‘Appam Prasadam’ at Sabarimala is for providing the required manpower to make a sufficient quantity of Appam Prasadam during Mandala-Makaravilakku festival seasons. The furnace (kara) for making Appam Prasadam and the ingredients for making Appam Prasadam are provided by WP(C)NO. 29679 OF 2023 5 the Travancore Devaswom Board. In the said order, this Court noticed that the shortage of ‘Appam Prasadam’ during MandalaMakaravilakku season on account of the default committed by the contractors in supplying the required manpower, is causing huge financial loss to Sabarimala Devaswom. The pilgrims are also put to difficulties, due to shortage of ‘Appam Prasadam’ during peak season. Therefore, it is for the Board to take an appropriate decision as to the manner in which making of Appam at Sabarimala Sannidhanam during festival season is regulated, in order to ensure that sufficient quantity of ‘Appam Prasadam’ is available at Sannidhanam during festival season. The last paragraph of the order dated 04.07.2022 in DBA No.16 of 2021 reads thus; “As already noticed hereinbefore, the furnace (kara) for making Appam and even its ingredients are provided by the Travancore Devaswom Board and the tender was for providing the required manpower to make sufficient - quantity of Appam during Mandala Makaravilakku festival season. The shortage of ‘Appam Prasadam’ during Mandala-Makaravilakku season on account of the default committed by the contractors in supplying the required manpower, is causing huge financial loss to Sabarimala Devaswom. The pilgrims are also put to difficulties, due to shortage of ‘Appam Prasadam’ during peak season. Therefore, it is for the Board to take an appropriate decision as to the manner in which making of Appam at WP(C)NO. 29679 OF 2023 6 Sabarimala Sannidhanam during festival season is regulated, in order to ensure that the sufficient quantity of ‘Appam Prasadam’ is available at Sannidhanam during festival season. The Board shall take a decision on this issue, as expeditiously as possible, at any rate, within a period of two months, which shall be placed before this Court immediately thereafter, for necessary orders.” (underline supplied) 8. In view of the law laid down by this Court in **Suo Motu v. State of Kerala and others [2023 (3) KHC SN 12 : 2023:KER: 21878]** the Travancore Devaswom Board and its officials have to show reasonable diligence in the manner of an ordinary prudent man of business who conduct his own affairs, in matters relating to the auctioning of Kuthaka rights at Sabarimala Devaswom for the year 1199 ME (2023-24). 9. Pursuant to the letter dated 18.08.2023 of the 2[nd] respondent Devaswom Commissioner, the Chief Vigilance and Security Officer (Superintendent of Police) has already submitted the report on the credentials and ability of the petitioner and others, who have submitted the tenders in Sabarimala Devaswom, for the year 1199 ME (2023-24). In the above circumstances, it is for the 2[nd] respondent Devaswom Commissioner to take an appropriate decision in the award of tender for making ‘Appam Prasadam’ in Sabarimala Devaswom during Mandala-Makaravilakku festival season of 1199 WP(C)NO. 29679 OF 2023 7 ME (2023-24), in accordance with law, taking note of the conditions in Ext.P1 general and special conditions for the tenders, as expeditiously as possible, at any rate, within a period of two weeks from the date of receipt of a certified copy of this judgment. Sd/- **ANIL K. NARENDRAN, JUDGE** Sd/- **SOPHY THOMAS, JUDGE** SVP WP(C)NO. 29679 OF 2023 8 ## **APPENDIX OF WP(C) 29679/2023** PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE TENDER NOTIFICATION DATED 22.6.2023ISSUED BY THE 2ND RESPONDENT Exhibit P2 TRUE COPY OF THE CERTIFICATE DATED 10.7.2023 ISSUED BY SRI. PRATHEEP. P TO THE PETITIONER Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED 4.9.2023 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P3(a) TRUE COPY OF THE POSTAL RECEIPT EVIDENCING THE DISPATCH OF EXHIBIT P3 TO THE 2ND RESPONDENT