High Court · 2025

WP No. 36519 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 24-09-2025CORAMTHE HONOURABLE MR JUSTICE M.DHANDAPANIWP No. 36519, 36523 & 36526 of 2025W.P.No.36519 of 2025:T.P.S. Construction CompanyRep. By Its Managing Partner , Mr.T.P.S.Sekar, Having Its Office At 39/3a 1, Dharmapuri Main Road, Sikkanampatti Village, Kadayampatti, Salem Tamil Nadu 636 309.Petitioner(s)Vs1. The Superintending EngineerHighways Department, Construction And Maintenance, Steel Plant Road, Jahir Ammapalayam, Salem 636 302.2.The Divisional EngineerHighways Department, Construction And Maintenance, Krishnagiri Division, Krishnagiri 635 001Respondent(s) https://www.mhc.tn.gov.in/judis WP No. 36519 of 2025WP No. 36523 of 2025;T.P.S. Construction CompanyRep. By Its Managing Partner , Mr.T.P.S.Sekar, Having Its Office At 39/3A, 1, Dharmapuri Main Road, Sikkanampatti Village, Kadayampatti, Salem.Petitioner(s)Vs1. The Superintending Engineer,Highways Department, Construction And Maintenance, Steel Plant Road, Jahir Ammapalayam, Salem 636 302.2.The Divisional EngineerHighways Department, Construction And Maintenance, Dharmapuri Division, Dharmapuri 636 705Respondent(s)WP No. 36526 of 2025T.P.S.Construction CompanyRep. By Its Managing Partner , TPS. Sekar, Having Its Office At 39/3a 1, Dharmapuri Main Road, Sikkanampatti Village, Kadayampatti, Salem Tamil Nadu 636 309Petitioner(s)Vs https://www.mhc.tn.gov.in/judis WP No. 36519 of 20251. The Superintending EngineerHighways Department, Construction And Maintenance, Steel Plant Road, Jahir Ammapalayam, Salem 636 3022.The Divisional EngineerHighways Department, Construction And Maintenance, Krishnagiri Division, Krishnagiri 635 001Respondent(s)PRAYER in WP No. 36519 of 2025: This writ petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus to direct the 2nd respondent to forthwith issue the work site inspection certificate and the working condition of plants and machinery certificate to the petitioner based on their application dated 6.09.2025 to enable the petitioner to participate in the tender for the work of Widening from multi lane to four lane and strengthening at Km 28/750- 31/0 36/0 and 28/4 39/320 of Rayakottai - Athipalli road including Construction of Drain, Providing Median including CD works at Km 28/10 (i) (ii) 29/10 38/6 38/10 (i) (ii) pursuant to Tender Notice No. 18/ 2025- 2026/ HDO dated 18.08.2025 which was officially published on 29.08.2025 in http// tntenders. gov.in/ nicgep/ app issued by the 1st respondent.PRAYER in WP No. 36523 of 2025; This writ petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus to direct the 2nd respondent to forthwith issue the work site inspection certificate and the working condition of plants and machinery certificate to the petitioner based on their application dated 6.09.2025 to enable the petitioner to participate in the tender for the work of Widening from two lane to four lane and strengthening at Km 49/ 0- 50/8 60/0 - 63/0 Km 69/0 of Thiruvannamalai Arur (Via) Thanipadi https://www.mhc.tn.gov.in/judis WP No. 36519 of 2025Road, including construction of CD works , widening providing jun improvement and providing centre median pursuant to Tender Notice No. 18/ 2025- 2026/ HDO dated 18.08.2025 which was officially published on 29.08.2025 in http// tntenders. gov.in/ nicgep/ app issued by the 1st respondent.PRAYER in WP No. 36526 of 2025; This writ petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus to direct the 2nd respondent to forthwith issue the work site inspection certificate and the working condition of plants and machinery certificate to the petitioner based on their application dated 6.09.2025 to enable the petitioner to participate in the tender for the work of Widening from Intermediate lane to four lane and strengthening at km 0/0- 7/4 of Jandamedu puliyur road including CD works at km 0/4 1/4 1/10 (i) 1/10 (ii) 2/2 3/2 (i) 3/2 (ii) 3/8 4/4 4/8 and 4/10 providing junction improvement and centre median pursuant to tender Notice No. 18/ 2025- 2026/ HDO dated 18.08.2025 which was officially published on 29.08.2025 in http// tntenders. gov.in/ nicgep/ app issued by the 1st respondent.For Petitioner(s):Mr.A.P.Balajiin all the writ petitionsFor Respondent: Mr.P.Kumaresan, AAGAssisted by Mrs.S.Anitha, SGPin all the writ petitionsCOMMON ORDERThe writ petitions have been filed seeking a direction to the 2nd respondent to forthwith issue the work site inspection certificate and the working condition of plants and machinery certificate to the petitioner based on their application dated 6.09.2025 to enable the petitioner to participate in the tender for the work of Widening from Intermediate lane to four lane for various https://www.mhc.tn.gov.in/judis WP No. 36519 of 2025places pursuant to tender Notice No. 18/ 2025- 2026/ HDO dated 18.08.2025 which was officially published on 29.08.2025 in http// tntenders. gov.in/ nicgep/ app issued by the 1st respondent.2. It is the case of the petitioner that the first respondent issued tender vide notification dated 18.08.2025 published on 29.08.2025, inviting bids for widening and strengthening portions of the various roads. The last date for online submission is 30.09.2025. The tender conditions specifically require every bidder to obtain from the jurisdictional divisional engineer both a work site inspection certificate and a certificate regarding the working condition of plants and machinery. The uploading of these certificates along with the bid documents is mandatory and failure to do so results in outright rejection of the tender. Therefore, the petitioner made a representation on 06.9.2025 requesting inspection and issuance of certificates which was acknowledged by the second respondent on 08.09.2025. However, the same was not considered. Hence, the writ petitions have been filed. 3. The learned counsel for the petitioner submitted that this Court may issue a direction to the second respondent to consider the petitioner's representation and pass appropriate orders within the stipulated time as fixed by this Court. https://www.mhc.tn.gov.in/judis WP No. 36519 of 20254. The learned Additional Government Pleader submitted that the petitioner's representation will be considered and the certificates will be issued immediately. 5. Heard both sides and perused the materials available on record. 6. Considering the facts and circumstances of the case and having regard the submissions made by the learned counsel on either side, this Court directs the second respondent to inspect the petitioner's site and to issue certificates viz., work site inspection certificate and a certificate regarding the working condition of plants and machinery by tomorrow itself before 5.00 P.M.7. With the above direction, the writ petitions stand disposed of. No costs. 24-09-2025RliNote: Issue order copy on 24.09.2025Index:Yes/NoSpeaking/Non-speaking orderInternet:YesNeutral Citation:Yes/No https://www.mhc.tn.gov.in/judis WP No. 36519 of 2025M.DHANDAPANI J.rliTo1.The Superintending EngineerHighways Department, Construction And Maintenance, Steel Plant Road, Jahir Ammapalayam, Salem 636 3022.The Divisional EngineerHighways Department, Construction And Maintenance, Krishnagiri Division, Krishnagiri 635 001WP No. 36519, 36523 & 36526 of 202524.09.2025 https://www.mhc.tn.gov.in/judis WP No. 36519 of 2025