IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 11TH FEBRUARY 2010 / 22ND MAGHA 1931 WP(C).No. 2043 of 2010(E) ------------------------- PETITIONER(S): --------------- KOLLAM ROYAL PARK HOTEL AND RESORTS PVT. LTD., SREEVALSAM, THEVALLY, KOLLAM, REPRESENTED BY P.S.VENU, POWER OF ATTORNEY HOLDER. BY ADV. SRI.E.K.NANDAKUMAR SHRI DAYASANKAR A.K. SHRI JOHN MATHAI K. SHRI BENNY P THOMAS SHRI P.GOPINATH MENON SHRI V.J.ANAND RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT OF KERALA, DEPARTMENT OF TOURISIM, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. TOURIST RESORTS (KERALA) LIMITED, PARIS ROAD, BAKERY JUNCTION, THIRUVANANTHAPURAM PIN-695033, REPRESENTED BY ITS MANAGING DIRECTOR. GOVERNMENT PLEADER, SHRI P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR HEARING ON 11/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 2043 of 2010 A P P E N D I X PETITIONER'S EXTS: EXT.P1 TRUE COPY OF THE NOTIFICATION PUBLISHED BY THE SECOND RESPONDENT DATED NIL EXT.P2 DETAILS OF ELIBILITY CRITERIA QUALIFICATION AND BIDDING PUBLISHED BY THE SECOND RESPONDENT IN ITS WEB SITE, DATED NIL EXT.P3 TRUE COPY OF THE NOTIFICATION ISSUED BY THE SECOND RESPONDENT EXTENDING THE LAST DATE FOR SUBMISSION OF THE REQUEST FOR QUALIFICATION FROM 21/12/2009 TO 28/12/2009. RESPONDENTS' EXTS: NIL \\TRUE COPY// P.A TO JUDGE T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.2043/2010-V ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 11th day of February, 2010 J U D G M E N T The petitioner seeks for a direction to consider the tender submitted by it pursuant to Ext.P1 notification for development of the Urban Entertainment and Commercial Centre at Veli, Thiruvananthapuram. 2. The petitioner is a Private Limited Company and a part of the R.P. Group of Companies. The last date for submission of the tender was initially fixed as 21/12/2009. It was extended by second respondent to 28/12/2009 as per Ext.P3 by 4 p.m. on that day. The petitioner submitted the tender on the same day at 4.20 p.m. It is pointed out that the delay occurred due to the traffic problem experienced at Ernakulam on that day on account of the visit of Her Excellency the President of India. It is in these circumstances, the petitioner seeks for a direction to consider the tender submitted by it, by the respondents. 3. The learned Government Pleader on instructions submitted that the tender received pursuant to Exts.P1 and P2 has already been placed before the Bid Valuation Committee along with the tenders submitted by others. 4. The learned counsel for the petitioner relies upon W.P.(C). No.2043/2010 -:2:- the decision of this Court in Krishnankutty v. Guruvayoor Devaswom Managing Committee [1998 KHC 585]. 5. In the above decision, this Court considered an identical issue wherein the outer limit for submission of tender was 3 p.m. but, the tender was submitted at 3.20 p.m. Relying upon the decision of the Apex Court in M/s.Poddar Steel Corporation v. M/s.Ganesh Engineering Works and others [AIR 1991 SC 1579], it was held that the submission of the tender accompanied by the bank draft, can be treated as sufficient compliance. It was also held that the submission of the tender at 3.20 p.m cannot be said to be fatal. 6. I respectfully agree with the said view. In that view of the matter, there will be a direction to the Bid Valuation Committee to consider the tender submitted by the petitioner and the fact that it was submitted at 4.20 p.m. will not be taken as fatal. The writ petition is allowed to that extent. No costs. (T.R. Ramachandran Nair, Judge.) ms