RADHAKRISHNAN, J. :- 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 MVIP-constructing Madakkathanam Minor Distributory 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 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. 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 :

"On 16-10-2003, the 3rd respondent issued notice inviting prequalification and price bids for the work of "MVIP construction Madakkathanam Minor distributory from ch. 6 m to 3765 m including flume, cut and cover and C.D. works, except aqueduct and flume between ch. 690 m to 1522 m. with estimate cost of Rs. 2,79,61,146/-. The last date of submission of prequalification and price bids was upto 4-5-2004 by registered post. On 4-5-2004 unexpected postal holiday occurred. The petitioner sent prequalification and price bid documents to the 3rd respondent with a covering letter dated 3-5-2004, through DTDC Courier Service, Muvattupuzha, on 4-5-2004.

It is also averred in paragraph 6 of the writ petition as follows :

"The respondents illegally ignored the prequalification and price bids submitted by the petitioner for the work in Ext. P1 presumably due to non-receipt of the same sent through courier service on 4-5-2004, notwithstanding the fact that 4-5-2004 was a postal holiday and delivery of the same on 5-5-2004 by speed post. Unless the prequalification and price bids submitted by the petitioner are also considered for award of contract for the work in Ext. P1, the fundamental rights of the petitioner to participate in the tender would be illegally deprived."

Counter affidavit has been filed by third respondent stating as follows :

"The averment of the petitioner that he had submitted tender documents through courier service to the office of the 3rd respondent on 4-5-2004 is absolutely wrong and is a fabricated story put forward for the purpose of following this W.P. No such courier baggage is received in the 3rd respondent's office on 4-5-2004 or subsequent days. If the last date 4-5-2004 was a holiday, naturally the petitioner could have submitted the tender form on the next immediate working day that is, on 5-5-2004. He did not care to submit the application on the next day also. Without submitting the application now he alleged that he had submitted application through the courier service. The notification itself was very clear about the mode of submission of application which clearly states that the application should be submitted through registered post". Writ