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2004 Supreme(Ker) 589

K.S.RADHAKRISHNAN, M.N.KRISHNAN
K. V. Joseph and Sons – Appellant
Versus
Surya Constructions – Respondent


Advocates:
Abraham Vakkanal, Saji Kuriachan; M. R. Nandakumar, Paul Abraham Vakkanal, P. C. Iype, State Attorney, for Appellants; K. Babu Thomas (for No. 1) and T. Ramprasad Unni, Govt. Pleader (for Nos. 2 to 4), for Respondents.

Judgement

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 resp



















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