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2025 Supreme(Ker) 2691

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

Advocates Appeared:
For the Appellant : SRI.S.SUJIN, SMT.T.N.GIRIJA, SMT.NITA.N.S., SMT.RENU B RAJ., SHRI.N.BHARAT, SHRI.ARJUN BABU C.S., SMT.THRESSY THOMAS, SRI.H.VISHNUDAS, SMT.POOJA SURENDRAN
For the Respondent: ADV SHRI.G.BIJU,SC,TRAVANCORE DEVASWOM BOARD

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.

Headnote:(A) Tender Process - Issues of fairness and transparency in the tendering process are paramount. The last date for bid submissions is an essential condition that should not be altered without public notification. A corrigendum issued post-deadline without adequate publicity contravenes these principles. (Para 44)

(B) Judicial Review - The court's role is not to assess the merits of the decision but the decision-making process; if vitiated by arbitrariness, it must not be sustained. (Para 24)

Facts of the case:
The petitioners challenged the tender conditions of the Travancore Devaswom Board involving collection of offerings, citing inadequate public notice regarding changes in tender submission deadlines, which effectively sidelined potential bidders like them.

Findings of Court:
The court concluded the tender process was flawed due to lack of transparency, leading to biased outcomes against intending bidders. It emphasized the need for the authority to ensure equal opportunity and fairness in public tenders.

Issues: Key issues included the legality of the late corrigendum and its impact on equal bidding opportunities.

Ratio Decidendi: The court ruled that issuing a corrigendum post-deadline without adequate publicity violates principles of fairness and transparency essential to public procurement.

Result: Writ petitions allowed; the tender for the collection of coconuts and flowers was quashed, directing a re-tendering process.

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

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