The Travancore Devaswom Board vs. Ayyappa Spices [March 6, 2024]
Background
The case arose from a dispute over the procurement of 7,000 kilograms of cardamom for making Aravana Prasadam at the Sabarimala Temple, managed by the Travancore Devaswom Board. Ayyappa Spices, a competing supplier, challenged the tender process through a writ petition in the Kerala High Court, alleging irregularities and questioning the quality control measures adopted by the Board.
High Court Proceedings
The Kerala High Court entertained the writ petition as a public interest litigation (PIL), restrained the distribution of Aravana Prasadam, and directed legal action against the Board under the Food Safety and Standards Act, 2006. The High Court also declared the Board a “food business operator” under Section 3(1)(j) of the Act and ordered the destruction of the seized prasadam stock.
Key Issues
Whether the writ petition by Ayyappa Spices should have been entertained as a PIL.
Whether the Travancore Devaswom Board qualifies as a “food business operator” under Section 3(1)(j) of the Food Safety and Standards Act, 2006.
The legality and transparency of the tender process for procuring cardamom for religious offerings.
Supreme Court’s Analysis
The Supreme Court emphasized the following points:
Judicial review in tender matters should be exercised with restraint, especially when PILs may mask business rivalries rather than genuine public interest.
The procurement process was found to be fair and transparent. All bidders were given equal opportunity, and cardamom samples were tested as per established protocols. The supply contract was awarded to the lowest bidder after proper negotiations.
The Board’s actions were neither arbitrary nor malicious. The urgency in procurement was justified by the need to meet religious requirements during the festive season.
The High Court erred in entertaining the PIL and in its finding that the Board was a “food business operator” for the purposes of prosecution under the Food Safety Act.
Judgment
The Supreme Court allowed the appeal, setting aside the Kerala High Court’s orders dated March 27, 2023, and April 11, 2023. It held that:
There was no illegality or arbitrariness in awarding the contract to the chosen supplier.
The High Court’s directions to prosecute the Board and destroy the prasadam stock were unwarranted.
The case sets a precedent for respecting administrative discretion in tender matters, particularly where religious offerings and commercial interests intersect.
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