Point of Law : Grant of judicial relief at instance of a party that does not fulfil requisite criteria is something which could be termed as misplaced.

JUDGMENT :

Anil K. Narendran, J.

The petitioner participated in the tender process pursuant to Ext.P1 tender notice dated 01.07.2023 issued by the Deputy Administrator, Guruvayur Devaswom, for the kuthaka right of selling coconuts to the devotees and collecting broken coconuts from Guruvayur Sree Krishna Temple and Sastha Temple for the period from 01.11.2023 to 31.10.2024. The petitioner has filed this writ petition, invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of Inda, seeking a writ of certiorari to quash Ext.P5 re-tender notification dated 07.08.2023 issued by the Deputy Administrator, Guruvayur Devaswom as per which the tenders received up to 3.00 p.m. on 25.08.2023 will be opened at 3.00 p.m. The petitioner has also sought for a writ of mandamus commanding the respondents to finalise the process of tender pursuant to Ext.P1 notification dated 01.07.2023 and confirm the tender in his favour; and a declaration that Ext.P5 re-tender notification dated 07.08.2023 is bad, insofar as it does not give any reason for invalidating the tender process initiated pursuant to Ext.P1 notification.

2. On 21.08.2023, when this writ petition came up for admission, the Deputy Director, Local Fund Audit, Guruvayur Devaswom Audit, was suo motu impleaded as the additional 5th respondent. The learned Standing Counsel for Guruvayur Devaswom Managing Committee and the learned Senior Government Pleader sought time to get instructions.

3. Heard the learned counsel for the petitioner, the learned Senior Government Pleader for the 1st respondent State and the additional 5th respondent Deputy Director and the learned Standing Counsel for Guruvayur Devaswom Managing Committee for respondents 2 to 4.

4. The issue that arises for consideration in this writ petition is as to whether any interference is warranted on Ext.P5 re-tender notification dated 07.08.2023 issued by the Deputy Administrator, Guruvayur Devaswom in respect of the kuthaka right of selling coconuts to the devotees and collecting broken coconuts from Guruvayur Sree Krishna Temple and Sastha Temple for the period from 01.11.2023 to 31.10.2024.

5. The learned counsel for the petitioner would contend that, instead of issuing Ext.P5 re-tender notification, the 2nd respondent Guruvayur Devaswom Managing Committee should have accepted the bid of the petitioner for Rs.69,66,666/-, which was the 2nd highest bid, when one Anil Kumar, the highest bidder in the tender process pursuant to Ext.P1 tender notification, who quoted Rs.71,01,001/-, failed to submit identification details like Aadhaar Card, PAN Card, affidavit as well as preliminary agreement, in time. In addition to Anilkumar and the petitioner, two others quoted Rs.62,36,000/- and Rs.57,26,349/- respectively in the tender process pursuant to Ext.P1 tender notification.

6. The learned Standing Counsel for Guruvayur Devaswom Managing Committee, on instructions, would submit that the tender submitted by the petitioner pursuant to Ext.P1 tender notification was not supported by a demand draft for Rs.1,00,000/- drawn in favour of the Administrator, Guruvayur Devaswom, towards the EMD. Instead, the petitioner produced a fixed deposit receipt in his name, for a sum of Rs.1,00,000/-. Since Anil Kumar, the highest bidder, failed to submit identification details like Aadhaar Card, PAN Card, affidavit as well as preliminary agreement, in time, the Managing Committee decided to issue Ext.P5 re-tender notification.

7. In reply, the learned counsel for the petitioner would point out that the petitioner is the successful bidder for the kuthaka item Thulabharam vazhipadu in Guruvayur Sree Krishna Temple. In that tender process, instead of a demand draft in favour of the Administrator, Guruvayur Devaswom, the petitioner submitted a fixed deposit receipt in his name, towards the EMD, which was accepted by the Managing Committee.

8. The specific condition stipulated in Ext.P1 tender notification dated 01.07.2023 and Ex