IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 18TH AUGUST 2011 / 27TH SRAVANA 1933 WP(C).No. 22433 of 2011(D) -------------------------- PETITIONER(S): ---------------------- ABDUL SALAM, AGED 59, ABOOBACKER, VILAPPURATH HOUSE, THATTAMALA P.O., KOLLAM. BY ADV. SRI.N.K.MOHANLAL RESPONDENT(S): ------------------------ 1. KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT, TRIVANDRUM, REPRESENTED BY MANAGING DIRECTOR. 2. DISTRICT TRANSPORT OFFICER, KOLLAM. 3. YOOSUF.P.K., ARRAFATH MANZIL, PANIYANNOOR, KANNUR. 4. SHAFEEQUE, S/O.YOUSUFF, ARRAFATH MANAZIL, PANIYANNOOR, KANNUR. GOVT.PLEADER SRI.M.H.HANIL KUMAR, SRI.BABU JOSEPH KURUVATHA, SC, KSRTC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.22433/11 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF MEMORANDUM DATED 5.4.11 ISSUED BY 1ST RESPONDENT. EXT.P2: TRUE COPY OF THE TENDER OF STALL NO.2 DATED 2.8.11. EXT.P3: TRUE COPY OF THE RECEIPT NO.57666 DATED 2.8.11 FOR THE PAYMENT OF RS.25,000/- OF STALL NO.2. EXT.P4: TRUE COPY OF THE TENDER OF STALL NO.4 DATED 2.8.11. EXT.P5: TRUE COPY OF THE RECEIPT NO.57667 FOR THE PAYEMNT OF RS.25,000 OF STALL NO.4. EXT.P6: TRUE COPY OF REPRESENTATION DATED 3.8.11 FILED BY THE PETITIONER BEFORE 1ST RESPONDENT. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 22433 OF 2011 ===================== Dated this the 18th day of August, 2011 J U D G M E N T According to the petitioner, for stall Nos. 2 and 4 tendered by respondents, petitioner submitted separate tenders and that the same was declined to be accepted on the allegation that the tenders were submitted 5 minutes late. It is aggrieved by the alleged refusal on the part of the respondents in accepting the tenders, the writ petition is filed with the following prayers: (i) issue a writ of certiorari or any other appropriate writ or order quashing the acceptance of tender documents for stall Nos. 1 and 2 and confirmation of same, if the same are confirmed by the 1st respondent. (ii) issue a writ of mandamus or any other appropriate writ or order directing the respondents 1 and 2 to invite fresh tenders for the auction of stall Nos.1, 2 and 4 at the K.S.R.T.C. Station, Kollam. 2. Even going by the averments in the writ petition, the reason for the refusal to accept the tender is the alleged delay of 5 minutes in submitting the tender. The writ petition does not contain a positive assertion that the tender was submitted within the time specified in Ext.P2 namely before 15.00 hours on 2/8/2011. In the absence of such a positive assertion and in view of the petitioner's own averment regarding the belated WPC No. 22433/11 :2 : submission of tender, I do not find any merit in the writ petition. Writ petition is dismissed. ANTONY DOMINIC, JUDGE Rp