High Court Kerala High Court

Shaji Thomas vs The Superintending Engineer on 1 June, 2009

Kerala High Court
Shaji Thomas vs The Superintending Engineer on 1 June, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 12688 of 2009(E)


1. SHAJI THOMAS, PULINTHANATHU HOUSE,
                      ...  Petitioner
2. MANOJ SKARIA, AYYIKKAL HOUSE,

                        Vs



1. THE SUPERINTENDING ENGINEER,
                       ...       Respondent

                For Petitioner  :SRI.MATHEW JOHN (K)

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.GIRI

 Dated :01/06/2009

 O R D E R
                       V.GIRI, J
                     -------------------
                W.P.(C).12688/2009
                    --------------------
         Dated this the 1st day of June, 2009

                    JUDGMENT

Ext.P1 notification was issued by the

respondent herein inviting tenders for the work

namely “construction of the District Collectors

Bungalow at Painavu, Idukki.”. Petitioners

obtained tender forms on 15.4.2009 and as per the

notification, the last date for receipt of the tender is

4.00 pm on 16.4.2009. They had delivered the

tender forms for despatch to the tendering

authority on 15.4.2009 itself and in the normal

course, same would have reached the respondent

before 4.00 pm on 16.4.2009. It so happened that

at the last moment the postal department declared

16.4.2009 as a holiday, in connection with the

polling to the Lok Sabha held on the same date. It

is the admitted case that when the last date for

receipt of tenders is declared as a holiday or

happens to be a holiday, then the last date for

receipt of tenders would automatically stand

W.P.(C).12688/2009
2

extended to the next working day. It is therefore,

not disputed by the respondent that if the tenders

had been delivered by 5.00 pm on 17.4.2009 then

respondent would have treated the same as one

received in compliance with the tender notification.

Paragraph 2 and 3 of the statement, filed by the

respondent read as follows:-

In the particular case only two

persons namely Sri.Shaji Thomas and

Sri.Manoj Scaria has purchased the

tender documents from this office and

the above two persons posted the

tender by speed post on 15.4.2009.

Even though the last date fixed for the

receipt of the tender document was on

16.4.2009, due to election

proceedings this date was declared as

public holiday. Automatically the next

working day, ie., 17.4.2009 became

as the last date for the receipt of the

tender documents.

               The   tender    documents    were

         received    in  this   office only    on

W.P.(C).12688/2009
                            3

18.4.2009, ie., after one day fixed for

the receipt of tender documents. Post

tender relaxation is not permitted due

t this and tenders received from Shaji

Thomas and Manoj Scaria were not

considered and not opened. No steps

have been taken to cancel the tender

notification and to re-tender the work.

it is submitted that the department has

no objection to accept these two

tenders if court direct accordingly as

the persons who purchased the tender

documents had submitted their offer.

There will be no chance for any other

claim in this regard.

2. Obviously, it was open to the respondent to

have treated the receipt of tenders as beyond the

time mentioned in the tender notification, even if in

the normal practice of extending the last date for

receipt of tenders by one day, was adopted in the

present case. But I take note of the fact that the

petitioners alone had purchased the tender forms

within the last date stipulated. In other words,

W.P.(C).12688/2009
4

petitioners alone had responded to the tender

notification. In the normal course of the

proceedings, despatch of the tender forms on

15.4.2009 would have ensured delivery within the

time stipulated in the tender notification. In these

circumstances, especially taking note of the fact

that nobody else had responded to the tender

notification and going by the statement filed by the

respondent, which does not contain any objection in

considering the tenders that had been received by

him, I am of the view that the respondent shall

proceed to consider the tenders submitted by the

petitioners as having been received within the time

stipulated. He shall then proceed to process the

same in accordance with its terms and conditions. I

make it clear that the direction is intended only to

require the respondent to treat the tenders as

having been received in time and this direction

need not be treated as an expression of opinion of

this Court either as to the merits of the tender or as

W.P.(C).12688/2009
5

one requiring the tender processing authority to

necessarily accept the tender of any one of these

persons. Further it would be open to the

respondent to take such steps as are necessary by

way of re-tender, if it is felt that more offers are

desirable.

Writ petition is disposed of as above.

V.GIRI,
Judge

mrcs