IN THE HIGH COURT OF KERALA AT ERNAKULAM
RAJA VIJAYARAGHAVAN V, K. V. JAYAKUMAR, JJ.
Abdul Majeed C.K., S/o.Muhammed Koya – Appellant
Versus
Travancore Devaswom Board – Respondent
WP(C) Nos.33870 of 2025, 33867 of 2025, 33971 of 2025
Decided on : 29-09-2025
| Table of Content |
|---|
| 1. writ petitions challenge tender conditions. (Para 1 , 2 , 3) |
| 2. tender items and issues regarding submission. (Para 4 , 5 , 6 , 8) |
| 3. petitioners' alleged deprivation of bidding opportunity. (Para 7 , 9 , 10 , 11) |
| 4. counter-arguments regarding the tender process. (Para 13 , 14 , 16 , 17 , 19) |
| 5. legal arguments related to judicial review and interference. (Para 18 , 20 , 21 , 22 , 23) |
| 6. principles of judicial review in tender matters. (Para 24 , 25 , 26) |
| 7. discrepancies and concerns in tender process. (Para 30 , 31 , 32 , 33 , 34) |
| 8. criticism of tender process and its fairness. (Para 35 , 36 , 37 , 38 , 39) |
| 9. judicial standards for fairness in public procurement. (Para 40 , 41 , 42) |
| 10. court's decision on quashing the tender. (Para 43 , 44 , 45) |
JUDGMENT :
Raja Vijayaraghavan V, J.
These Writ Petitions are filed challenging Tender No. ROC-13/2025/SAB (Kuthaka) dated 13.08.2025 and the tender conditions and schedule, insofar as they relate to Item Nos. 1, 3 and 85, issued by the Travancore Devaswom Board.
2. As the Makaravilakku-Mandaravillaku season is fast approaching, we ordered notice by special messenger to secure the appearance of the party respondents. They have appeared through counsel and with the consent of the counsel appearing for the parties, these petitions are taken up and disposed of by a common judgment.
3. For the sake of ease and clarity parties and exhibits shall be referred to as described in W.P.(C) No. 33867 of 2025 unless otherwise stated.
4. Item No. 1 of the aforesaid tender concerns the collection of coconuts offered by pilgrims and devotees during the period from 11.11.2025 to 31.10.2026 at Pathinettampadi, Saramkuthy, Sabaree Peedam, Karimala, Malanada, and Malikappuram. Item No. 3 relates to flowers, and Item No. 85 relates to the collection of coconuts during the same period at the Pamba Ganapathi Temple and other nearby temples.
5. As per the records, Ext. P1 tender was advertised as an e -tender in regional newspapers on 18.08.2025, as is evident from Ext. P2, produced in the said Writ Petition. The public announcement in the newspapers specified that bidding would commence at 10:00 a.m. on 18.08.2025 and close at 11:00 a.m. on 27.08.2025. The scrutiny of the technical bids was scheduled to begin at 11:00 a.m. on 28.08.2025, and the price bids of successful bidders were to be opened at 10:00 a.m. on 30.08.2025.
6. In W.P.(C) No. 33870 of 2025, the petitioner states that he was preparing to submit his e-tender but could not do so before 11:00 a.m. on 27.08.2025. Later, he learned that the last date for submission of the tender had been extended by one day, until 6:00 p.m. on 28.08.2025. He contends that, unlike prior practice, this extension was not publicly announced in the newspapers but was communicated only to those already participating in the tender process, thereby preventing prospective bidders like himself from submitting bids.
7. In W.P.(C) No. 33867 of 2025, the petitioner is the proprietor of a concern by name "Kuttiyadi Exports". He states that he had quoted a sum of Rs.9,35,35,311/- for Item No. 1 and Rs.2,61,11,111/- for Item No. 85, as shown in the bid-submission confirmation (Ext.P3). He asserts that the e-tender portal closed at 11:00 a.m. on 27.08.2025, with his final bid submitted at 10:16 a.m. that day. According to the petitioner, he intended to be present at the office of the 1st respondent at 10:00 a.m. on 30.08.2025 when the bids were to be opened. He states that on 30.08.2025, upon checking his e-mail, the petitioner noticed a message from “e-tender-nic@nic.in” sent at 7:08 p.m. on 27.08.2025 to the email of his proprietorship concern, informing him that the bid-submission deadline had been extended to 6:00 p.m. on 28.08.2025 and that the scrutiny of technical bids was rescheduled to 9:00 a.m. on 29.08.2025. The petitioners contend that, as evidenced by the published corrigendum (Ext. P6) on the e-tender website maintained by the 4th respondent, the corrigendum wa
Jagdish Mandal v. State of Orissa
Fairness and transparency in tender processes mandate that bid deadlines cannot be altered without public notice, as such changes can create unfair advantages and violate equal opportunity principles....
The court affirmed that a tendering authority's timeline for bid submission is not subject to judicial scrutiny unless proven arbitrary, and a non-participating bidder lacks standing to challenge ten....
The decision underscores the importance of compliance with tender submission deadlines and proper procedural adherence in procurement processes, emphasizing the responsibility of bidders to ensure th....
Judicial review of tenders limited to arbitrariness or malafide; eligibility conditions upheld if public interest served with multiple qualified bidders; bid time reduction valid with approval; ineli....
The main legal point established in the judgment is that the Courts should exercise restraint in interfering with tender matters, and their intervention should be limited to preventing arbitrariness,....
The main legal point established is that technical errors in bid submission do not warrant interference in the tender process, especially when it may delay the implementation of a public project.
Tender conditions must ensure fairness and quality in public procurement, and courts should exercise restraint in reviewing administrative decisions unless clear arbitrariness is shown.
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