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The Travancore Devaswom Board vs. Ayyappa Spices & Ors.

Not available · 2024 INSC 183Decided 6 Mar 2024
Not available
Justice A.S. Bopanna · Justice Pamidighantam Sri Narasimha

Background

The Travancore Devaswom Board, which manages the Sabarimala Temple, awarded a tender for supplying 7,000 kilograms of cardamom used to prepare Aravana Prasadam (a sacred offering distributed to devotees). A rival supplier, Ayyappa Spices, filed a public interest writ petition in the Kerala High Court challenging the tender award and alleging violations of the Food Safety and Standards Act, 2006. The High Court restrained distribution of the prasadam and eventually allowed the writ petition, directing prosecution of the Board and other consequences. The Board appealed to the Supreme Court.

Decision Breakdown

The Supreme Court held that the High Court should have dismissed the writ petition at the threshold on the ground of maintainability, since a rival business competitor could not use a public interest litigation to challenge a routine commercial tender award. The Court found no illegality or arbitrariness in the Board's decision to award the contract to the successful bidder. It set aside both the interim order restraining distribution and the final judgment of the High Court. Separately, since the existing stock of prasadam could no longer be distributed due to the litigation delay, the Court directed the State Government and the Board to have the stock safely destroyed following proper procedure before the next temple season.

Lesson Learnt

A public interest litigation cannot be used as a vehicle to pursue what is essentially a private commercial or competitive grievance; courts must screen PILs carefully for genuine public interest before entertaining them.

Official source (sci.gov.in)View Judgment (PDF)

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