IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 18TH AUGUST 2011 / 27TH SRAVANA 1933 WP(C).No. 20194 of 2011(Y) -------------------------- PETITIONER(S): --------------- HIGH RANGE HILL PRODUCTS PURCHASE & MARKETING CO-OPERATIVE SOCIETY LIMITED, REGD NO.1-578, I MILE, KUMILY, DISTRICT IDUKKI 685 509, REPRESENTED BY ITS MARKETING MANAGER, K.P.RAMACHANDRAN. BY ADV. SRI.P.C.CHACKO(PARATHANAM) RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF DEVASWOM GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. TRAVANCORE DEVASWOM BOARD REPRESENTED BY ITS SECRETARY, NANTHANCODE, THIRUVANANTHAPURAM. 3. DEVASWOM COMMISSIONER TRAVANCORE DEVASWOM BOARD,NANTHANCODE, THIRUVANANTHAPURAM. 4. SUPERINTENDENT OF POLICE (VIGILANCE) TRAVANCORE DEVASWOM BOARD, NANTHANCODE, THIRUVANANTHAPURAM. 5. REGIONAL AGRO INDUSTRIES, DEVELOPMENT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR, OFFICE OF OTHE RAIDCO, KANNUR PO, KANNUR. R1, R4 BY GOVT. PELADER SRI.R.LAKSHMI NARAYAN R2, R3 BY ADV.V.V.NANDAGOPAL, S.C. THIS WRIT PETITION (CIVIL) HAVING COMEUP FOR ADMISSION ON 18/08/2011, ALONG WITH W.P(C).20205 OF 2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC.20194/11 PETITIONER'S EXHIBITS: EXT.P1:TRUE COPY OF THE TENDER NOTIFICATION ISSUED BY THE 2ND RESPONDENT DATED 30.6.2011 PUBLISHED IN THE HINDU DAILY. EXT.P2: TRUE COPY OF TENDER SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 12.7.2011. EXT.P3: TRUE COPY OF THEPRICE QUOTED BY 12 BIDDERES IN RESPECT OF EXT.P1 TENDER NOTIFICATION. EXT.P4: TRUE COPY OF THE REPRESENTATION DATED 21.7.2011 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. /TRUE COPY/ PA TO JUDGE. THOTTATHIL B.RADHAKRISHNAN & K.SURENDRA MOHAN, JJ. ----------------------------------- W.P(C).Nos.20194 & 20205 OF 2011 ------------------------------------ Dated this the 18th day of August, 2011 JUDGMENT Thottathil B.Radhakrishnan,J. 1.National Co-operative Consumer Federation of India Ltd., which is said to be a Government of India undertaking and High Range Hill Products Purchase and Marketing Co- operative Society Ltd. are the writ petitioners in these matters. They complain that the Travancore Devaswom Board authorities are not inviting them for negotiation, though their rate for supply of rice, jaggery, jaggery powder and other articles in connection with the requirement of Sabarimala Sannidhanam and Malikappuram are competitively much lower than the offers made by others. 2.Learned counsel for the Board says that the petitioners had not submitted relevant documents, including materials, to WPC.20194/11 & 20205/11 2 show their turn over for the preceding three years, along with the tenders. Learned counsel for the Board also says that they have serious apprehension about the ability of the petitioners to abide by the contract, having regard to past experience. 3.If the tender documents have not been rejected, the petitioners could be given an opportunity to produce the relevant materials. The question of going in for a negotiation is best left to the executive wisdom of the Board at present, since it will not be for the court to issue any guidelines or guiding orders in that regard at this stage. 4.We, therefore, direct that if the petitioners produce any material that may be necessary along with the tender documents, the Board will give an opportunity to them to evidence their credentials and produce such materials so WPC.20194/11 & 20205/11 3 that, if the Board is satisfied, it could undertake the process of negotiations with the petitioners also, if necessary. The writ petitions are ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. Sd/- K.SURENDRA MOHAN, Judge. kkb.19/8.