High Court Kerala High Court

Gee Kay Hygienics Private Limited vs Travancore Devaswom Board on 20 October, 2010

Kerala High Court
Gee Kay Hygienics Private Limited vs Travancore Devaswom Board on 20 October, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 31971 of 2010(V)


1. GEE KAY HYGIENICS PRIVATE LIMITED,
                      ...  Petitioner

                        Vs



1. TRAVANCORE DEVASWOM BOARD,
                       ...       Respondent

2. THE CHIEF CONSERVATOR OF FORESTS (WL),

                For Petitioner  :SRI.E.G.GORDEN

                For Respondent  : No Appearance

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
The Hon'ble MR. Justice P.BHAVADASAN

 Dated :20/10/2010

 O R D E R
            THOTTATHIL B.RADHAKRISHNAN &
                      P. BHAVADASAN, JJ.
                  -------------------------------------------
                   W.P(C).No.31971 OF 2010
                  -------------------------------------------
             Dated this the 20th day of October, 2010


                              JUDGMENT

Thottathil B.Radhakrishnan, J.

The petitioner says that he is involved in packing drinking

water. He challenges Ext.P1 notification issued by the

Travancore Devaswom Board inviting expression of interest for

sale of drinking water in Sannidhanan and Pampa during the

ensuing Sabarimala season. By order dated 12.10.2010 in

DBA.116/10, we have granted approval for the contract pursuant

to the said invitation. Now, the writ petition in hand is filed

contending that Ext.P1 was not published in any edition of Indian

Express other than its Madras Edition. On this plea, it was

pointed out that the petitioner, an operator from Kerala, did not

see that advertisement. We recalled that even the affidavit in

DBA.116/10 contains the averment of the TDB that the

advertisement was published in different editions. We,

WPC.31971/10

2

therefore, have the judges’ papers of DBA.116/10 before us. We

see that there is averment by TDB that the advertisement was

published in all Indian Editions of Indian Express. Today,

learned counsel for the TDB has placed before us an invoice of

payment of expenses towards express publications for all Indian

editions in relation to the advertisement in question. Hence, the

ground urged before us and considered by us today fails.

Faced with the situation, learned counsel for the petitioner

says that though Ext.P1 does not proceed to give exclusive

vending rights to the successful tenderer, Ext.P2 has been issued

by the TDB essentially granting exclusive vending rights and this

amounts to modulation or change in the terms of the offer and

hence there should be re-tender. He relies on the judgment of

this Court in Mundakkayam Sadasivan and Another v.

G.C.D.A. and Others [2004(2) KLJ 595] in support of this

contention. We are clear in our mind that the law is well settled,

i.e., to the effect that the terms of an invitation for offers would

not be tinkered in such a way, after its issuance, that it changes

WPC.31971/10

3

the terms of the invitation and if it does change the terms of the

invitation, there has to be a re-invitation. We do not find any

such situation arising in the case in hand. Firstly, the clause

complained of from Ext.P2 is that the TDB will ensure that no

other packaged water is sold through the licensed commercial

outlets at Pampa along the trekking routes and at Sannidhanam.

Such clause also provides that pilgrims may either carry their

own water bottles of any quality or brand for their personal use.

Therefore, no pilgrim can make out a case of any inconvenience

owing to Ext.P2. There cannot be any vending and any hawking

and sale or any other commercial activity in Sabarimala, Pampa

and adjacent places. The reasons for such regulation are

multifarious. The writ petitioner is admittedly no one who has an

authorised commercial outlet at Pampa or at Sannidhanam or

aside the trekking route from Pampa to Sannidhanam. He

cannot, therefore, make a complaint that the clause relating to

exclusiveness in Ext.P2 works against his interest. On this

ground also, the writ petition fails.

WPC.31971/10

4

No other ground is urged before us. In the result, the writ

petition fails. The same is accordingly dismissed.

Sd/-

THOTTATHIL B.RADHAKRISHNAN,
Judge.

Sd/-

P.BHAVADASAN,
Judge.

kkb.21/10.