K V JOSEPH AND SONS Vs. SURYA CONSTRUCTIONS

JUDGEMENT

(1.) The third respondent in the Writ Petition, the Superintending Engineer, Project Circle, Muvattupuzha issued a notification inviting prequalification and price bids for the work of MVIP constructing Madakkathanam Minor Distributary from Ch.O m 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 prequalification committee in the meeting held on 14.5.2004 and 17.5.2004 rejected the prequalification 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.) Writ petitioner in the meantime, had filed the present Writ Petition on 31.5.2004 seeking a writ of mandamus directing the respondents 2 and 3 to consider the prequalification and price bids submitted by the petitioner along with other bids. A declaration has also been sought for declaring that the respondents are bound to receive the prequalification and price bid sent through courier. Other consequential reliefs were also sought for. Petitioner has averred in paragraph 2 of the Writ Petition as follows: