STATE OF KERALA Vs. SURYA CONSTRUCTIONS

JUDGEMENT

(1.) THE third Respondent in the writ petition, the Superintending Engineer, Project Circle, Muvattupuzha issued a notification inviting pre -qualification and price bids for the work of M.V.I.P. - - Constructing Madakkathanam Minor Distributory from ch. om. to 3765 m. including flume, cut and cover, CD works, etc. Notification was issued on 16 -10 -2003. The last date of submission of tender document was fixed as before 3 p.m. on 4 -5 -2004. Several persons submitted their tenders including the additional 4th Respondent. Tender notification stipulated that the tender documents should be submitted through registered post. Writ Petitioner had sent the tender documents through registered post only on 5 -5 -2004. Since the tender documents were not received before 3 p.m. on 4 -5 -2004 by registered post the same was not considered.

(2.) THE pre -qualification committee in the meeting held on 14 -5 -2004 and 17 -5 -2004 rejected the pre -qualification documents sent by the writ Petitioner since it was received late. Four other Contractors including the additional 5th Respondent have submitted the tender documents in time. Qualified Contractors were informed by the office of the third Respondent the date of opening of the price bid as 2 -6 -2004 vide his letter dated 31 -5 -2004.

(3.) COUNSEL appearing for the Appellant in W.A. No. 1461 of 2004 Sri Abraham Vakkanal and Sri K.C. Iype, State Attorney who appeared in W.A. No. 1543 of 2004 took us elaborately through the pleadings of the parties as well as the evidence adduced by 3rd Respondent and also the oral evidence adduced by the courier boy. We need delve into that exercise only if we hold that service by courier would be a substitute for service by sending tender documents through registered post Learned single Judge mainly relied on the decision in Raveendran's case (supra) to hold that it is also a recognised mode of service. Justice Cyriac Joseph who wrote the judgment in Raveendran's case passed the following interim order dated 5th August, 2004 in this case which we extract below: