Kerala High Court
M/S. Mira Aditi Impex Pvt. Ltd vs State Of Kerala on 11 September, 2025
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
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WP(C) NO. 32080 OF 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
&
THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR
THURSDAY, THE 11TH DAY OF SEPTEMBER 2025 / 20TH BHADRA, 1947
WP(C) NO. 32080 OF 2025
PETITIONER:
M/S. MIRA ADITI IMPEX PVT. LTD.
302, SESHA SAI RESIDENCY APARTMENTS, AIR BY-PASS ROAD,
THIRUPATHI, ANDHRA PRADESH, REPRESENTED BY ITS DIRECTOR
SRI P. PURANDARA BABU, PIN - 517501
BY ADVS.
SRI.M.BALAGOPAL
SMT.R.DEVIKA
SMT.ANJALI MENON
SHRI.ARJUN VARGHESE KURIAPPAN
SHRI. ADITYA UNNIKRISHNAN
SRI.P.K.SURESH KUMAR (SR.)
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT, REVENUE
(DEVASWOM) DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 TRAVANCORE DEVASWOM BOARD
REPRESENTED BY ITS SECRETARY, NANTHANCODE, KOWDIAR
POST, THIRUVANANTHAPURAM, PIN - 695003
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WP(C) NO. 32080 OF 2025
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3 DEVASWOM COMMISSIONER
TRAVANCORE DEVASWOM BOARD, NANTHANCODE, KOWDIAR POST,
THIRUVANANTHAPURAM,, PIN - 695003
4 DEPUTY DIRECTOR
KERALA STATE AUDIT DEPARTMENT, TRAVANCORE DEVASWOM
BOARD AUDIT, NANTHANCODE, KOWDIAR
POST,THIRUVANATHAPURAM, PIN - 695003
5 CHIEF VIGILANCE OFFICER
TRAVANCORE DEVASWOM BOARD, NANTHANCODE, KAWDIAR POST,
THIRUVANANTHAPURAM, PIN - 695003
6 THE EXECUTIVE OFFICER
SABARIMALA, SABARIMALA P.O.,
PATHANAMTHITTA, PIN - 689662
7 M/S TOJA TYRES AND THREADS PRIVATE LIMITED
III/25, M.C ROAD, MATTOOR, KALADY,
ERNAKULAM,REPRESENTED BY MANAGING DIRECTOR,
PIN - 683574
8 THE DIRECTOR GENERAL
VIGILANCE AND ANTI - CORRUPTION BUREAU,
VIGILANCE DIRECTORATE, P.M.G JUNCTION,
THIRUVANANTHAPURAM, PIN - 695003
9 THE DEPUTY SUPERINTENDENT OF POLICE
VIGILANCE AND ANTI-CORRUPTION BUREAU, PATHANAMTHITTA
UNIT, PATHANAMTHITTA, PIN - 689645
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.09.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
Raja Vijayaraghavan V, J.
This Writ Petition was filed challenging Ext.P1 Notice Inviting e-Tender and to
quash all further proceedings.
2. When this Writ Petition had come up for consideration on 27.08.2025,
this Court, after hearing the Senior Counsel appearing for the petitioner and Sri. Biju,
the learned Standing Counsel appearing for the Travancore Devaswom Board, had
stayed all further proceedings pursuant to Ext.P1, after holding prima facie that the
procedure adopted by the respondents in awarding the tender is irregular, contrary to
established norms and vitiated by arbitrariness and lack of transparency.
3. The Standing Counsel appearing for the Travancore Devaswom Board
has submitted that the TDB has decided to cancel the tender proceedings and to
re-tender for the supply of Easy Open Lid.
4. Sri. P. K. Suresh Kumar, the learned Senior Counsel appearing for the
petitioner, submitted that in view of the stand now taken by the Travancore
Devaswom Board (TDB), the petitioner does not intend to prosecute the matter any
further and seeks permission to withdraw the writ petition.
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5. Sri. Santhosh Mathew, learned Senior Counsel for the 7th respondent,
submits that a typographical error has crept into paragraph No.4 of the order dated
27.08.2025. The order records the pre-qualification criterion as an average annual
turnover of Rs.2,00,000/- for the last three years, whereas the correct figure is
Rs.2,00,00,000/- (Rupees Two Crore only). The submission is noted and recorded.
The Registry is directed to issue a corrigendum and carry out the necessary correction
in the order dated 27.08.2025 so that paragraph 4 reflects that the bidder must
possess an average annual turnover of not less than Rs. 2,00,00,000/- (Rupees Two
Crore only) during the last three financial years. For abundant clarity, no other portion
of the order stands modified.
6. The learned counsel further prayed that paragraph No. 10 of the order
be expunged. We are, however, of the considered view that the said observation was
made after taking note of the facts and circumstances prevailing at the interlocutory
stage for the grant of the interim order. We therefore find no justification or
compelling reason to expunge paragraph No.10. It is however made clear that this
Court has not entered into, nor expressed any opinion on the detailed merits of the
matter.
7. Having considered the submissions advanced by the learned counsel
appearing for both sides, as we find that the TDB has now decided to re-tender the
proceedings and as the writ petitioner has submitted that he does not intend to
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prosecute this writ petition any further, we do not think it is necessary to keep this
writ petition pending. Accordingly, liberty is granted to the Devaswom Board to
proceed with the re-tender. Needless to say, if the 7th respondent is so advised, he
shall be at liberty to challenge the said decision in accordance with law.
This writ petition is closed.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
Sd/-
K. V. JAYAKUMAR
JUDGE
msp
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APPENDIX OF WP(C) 32080/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE NOTICE INVITING TENDER DATED
12.05.2025 PUBLISHED BY THE 3RD RESPONDENT.
Exhibit P2 TRUE COPY OF THE E-TENDER SUBMITTED ONLINE BY
THE PETITIONER ALONG WITH ITS SUPPORTING
DOCUMENTS DATED 2/6/2025
Exhibit P3 EXHIBIT-P3: TRUE COPY OF THE E-TENDER BID
SUBMISSION CONFIRMATION DATED 04.06.2025.
Exhibit P4 TRUE COPY OF THE BID ACKNOWLEDGEMENT DATED
04.06.2025.
Exhibit P5 TRUE COPY OF BILL OF QUANTITIES DOWNLOADED
FROM THE E-TENDERING SYSTEM GOVERNMENT OF
KERALA
Exhibit P6 : TRUE COPY OF THE E-MAIL DATED 12.08.2025
SENT TO THE PETITIONER AT 3:29 P.M. BY THE
3RD RESPONDENT.
Exhibit P7 TRUE COPY OF THE E-MAIL DATED 12.08.2025 SENT
TO THE PETITIONER AT 3:54 P.M. BY THE 3RD
RESPONDENT.
Exhibit P8 TRUE COPY OF THE E-MAIL DATED 13.08.2025 SENT
BY THE PETITIONER AT 9:05 A.M. TO THE 3RD
RESPONDENT
Exhibit P9 TRUE COPY OF THE E-MAIL DATED 13.08.2025 SENT
BY THE PETITIONER AT 3:06 P.M. TO THE 3RD
RESPONDENT
