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2026 Supreme(Online)(Ker) 5740

IN THE HIGH COURT OF KERALA AT ERNAKULAM
ZIYAD RAHMAN A.A., J
MD SANDHYA – Appellant
Versus
KERALA STATE MINERAL DEVELOPMENT CORPORATION – Respondent
WP(C) NO. 2860 OF 2026



Advocates:
For the Appellants/Petitioners: SRI.V.V.NANDAGOPAL NAMBIAR, SMT.PREEJA, P.VIJAYAN, SMT.SMITHA (EZHUPUNNA), KUM.PAVAN ROSE JOHNSON
For the Respondents: None listed

A woman-managed MSME may seek relaxation of minimum turnover criteria in tender qualifications, ensuring fair opportunities.

Headnote:The petitioner, a woman entrepreneur managing a MSME unit, challenges a condition in a tender notification requiring a minimum turnover for qualification. The court determines that the first respondent must take its pending representation into account and provide a decision within one week. The issue at hand revolves around the validity of requiring minimum turnover as a pre-qualification criterion for MSME managed by women. The court asserts that the representation must be heard and decided in accordance with law. The court orders the first respondent to address the representation in a timely manner, ensuring due process for the petitioner.

JUDGMENT

The petitioner is the woman entrepreneur managing a MSME unit registered under the Udyam portal under the name “Sandhyas Pooja Products”. The challenge raised in this writ petition is against the condition imposed in clause 7 in Ext.P2 to P7 tender notifications published by the 1st respondent. According to the petitioner, the clause 7, which contemplates the minimum turnover as a pre-qualification of the tenders, is required to be relaxed for the MSME, managed by the woman entrepreneurs. The petitioner has already submitted a representation as evidenced by Ext.P8, which is now pending before the 1st respondent. The limited relief sought by the petitioner is to consider the said representation within a time frame.

After hearing the learned counsel for the petitioner and the learned Standing Counsel for the respondents, I am inclined to dispose of this writ petition. Accordingly, it is ordered that, the 1st respondent shall take up Ext.P8 and appropriate decision thereon shall be taken, in accordance with law, after giving the petitioner an opportunity for being heard, either physically or online mode. The decision shall be taken, within a period of one week from the date of receipt of a copy of this judgment.

Sd/-

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