R.Prakasam v. The Superintending Engineer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 05.01.2026

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No. 55 of 2026 & W.M.P.Nos. 42 & 43 of 2026 R. Prakasam

...Petitioner

Vs.

1.The Superintending Engineer, National Highways Department, Salem Circle Salem - 636 004 2.The Divisional Engineer, National Highways Department, Salem.

...Respondents

Prayer: Writ Petition is filed under Section 226 of the Constitution of India for issue of Writ of Certiorarified Mandamus, to call for the entire records relating to the impugned order passed by the 1st respondent dated 30.12.2025, not admitting the Petitioner's bid No.3332690 for the e-Tender floated by the 1st respondent vide Tender Notice No. 17/HDO/NH/2025-26 dated 02.12.2025 and quash the 1/6

same, and consequential direction directing the respondents to evaluate the petitioner's bid in the aforesaid tender. For Petitioner :

Mr. S.Senthil For Respondents :

Mr. P.Muthukumar Additional Advocate General Assisted by Mr. Rajesh Government Advocate.

O R D E R

This writ petition has been filed for the following relief: "to call for the entire records relating to the impugned order passed by the 1st respondent dated 30.12.2025, not admitting the petitioner's bid No.3332690 for the e-Tender floated by the 1st respondent vide Tender Notice No. 17/HDO/NH/2025-26 dated 02.12.2025 and quash the same, and consequently directing the respondents to evaluate the petitioner's bid in the aforesaid tender."

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2. The only ground on which the petitioner's bid has been rejected is that he has not produced the documents to show ownership of the Static Roller.

3. However, a reading of Clause 2.5 of the tender conditions shows that it would suffice if applicant shows ownership or assured ownership to the key items of equipments. In the instant case, the petitioner has produced sale certificate in respect of the same, which clearly proves assured ownership of the equipment concerned by the petitioner.

4. Therefore, the petitioner shall be permitted to participate in the financial bid opening slated to be held this evening.

5. The parties shall not await certified copy of this order as the order is pronounced in the presence of the learned Additional Advocate General and the 2nd respondent herein.

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6. With the above observation and direction, this writ petition is disposed of. Consequently, the connected miscellaneous petitions are closed. No costs.

05.01.2026 Index : Yes/No Internet : Yes/No kan 4/6

To 1.The Superintending Engineer, National Highways Department, Salem Circle Salem - 636 004 2.The Divisional Engineer, National Highways Department, Salem.

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P.T. ASHA, J kan W.P.No. 55 of 2026 05.01.2026 6/6