Partners of a defaulting firm cannot bypass obligations by participating in tenders through another partnership, and suppression of material facts precludes equitable relief.

JUDGMENT :

K. V. Jayakumar, J.

The petitioner, Swamy Ayyappa Enterprises, is a partnership firm constituted under the provisions of the Indian Partnership Act, 1932 with Suresh M.S. as its managing partner. The firm was originally established pursuant to Ext.P1 partnership deed dated 24.10.2014. As per Ext.P1 deed, the primary object of the firm is to engage in the business of distribution of food products, bottled drinking water, beverages and other consumables at Sabarimala, Pampa, Nilakkal and other parts of Kerala and to act as authorized agents/contractors of government institutions, public companies, manufacturers and distributors of various food products. Anil Kumar M.K. and Suresh M.S. were the partners of the firm when it was originally constituted.

2. Ext.P1 partnership deed was subsequently reconstituted as per Ext.P2 deed dated 11.08.2015, pursuant to the retirement of one of the partners, Sri. Anilkumar M. K. Upon his retirement, he was substituted by Sri. Sivaraman M. A.

3. At the time when Ext.P1 partnership deed was executed, two of the partners therein namely Anil Kumar M.K. and Suresh M.S. were also continuing as partners of another firm, namely S.S.A Enterprises, which had been constituted earlier on 05.11.2013, along with one Surendran Tharayil, the 4^th respondent. Ext.P3 is the copy of partnership deed dated 05.11.2013. 4. While so, W.P(C) No 41217/2024 was filed by a devotee seeking inter alia to initiate an enquiry with respect to the contracts for the year 2024-2025 and to find out whether any of the defaulters of the year 2023-2024 had obtained contracts. The managing partner of the petitioner herein was arrayed in his personal capacity as 9th respondent therein. This Court after considering the facts and circumstances disposed of the writ petition by judgment dated 28.2.2024 and directed the Devaswom Board to make necessary modifications in the terms and conditions of the e-tender notifications for kuthaka rights in the Devaswoms under the management, requiring the bidders to furnish the name and address proof of the partners/directors in case the tenders are submitted by a partnership firm company. It was further ordered that the details of the partners/directors shall be entered in the relevant register maintained by the Travancore Devaswom Board , in order to ensure that the Partners/Directors of a Partnership/Company which is a defaulter of Kuthaka right are not permitted to participate in the tender process for the subsequent year, in their individual capacity or vice versa.

5. For the festival season 2025-2026, the 2^nd respondent had invited e-tenders from eligible persons for the supply of dry ginger as per Ext.P15 notification dated 30.06.2025. As per Ext.P16, the 2^nd respondent has also invited e-tenders from the eligible persons for the supply of other articles. The last date for the submission of e-tenders was 14.07.2025, and the date fixed for opening of the tenders was 15.07.2025. The petitioner firm submitted tenders through the online portal for the supply of dry ginger, coconut, paper plates, Kettu Nira items and plastic baskets. He received Exts. P17 to P21 acknowledgments from the respondents. The grievance of the petitioner is that the 1^st respondent and its officers refused to open the bid submitted by the petitioner, citing the pendency of WP(C). No. 41217/2024. It is pointed out that this Court has not passed any interim order in WP(C). No. 41217/2024 interdicting the petitioner from participating in the tender process.

6. According to the petitioner, the refusal by respondent Nos. 1 t