M/S. Br Constructions, v. The Superintending Engineer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23-01-2026
CORAM
THE HON'BLE MS. JUSTICE P.T. ASHA M/s. BR Constructions, No.133, NH 45, GST Road Vallancheri Guduvanchery Chennai - 603 202.
Rep. by its Partner P.Balaji ..Petitioner(s) Vs
1. The Superintending Engineer National Highways, Chennai Circle Government of Tamil Nadu Chennai - 106.
2. The Divisional Engineer National Highways Government of Tamil Nadu Chennai 106.
..Respondent(s) PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 2nd respondent to issue Work Site Inspection Certificate and working condition of the Plants and Machineries Certificates to the petitioner as per the application of the petitioner dated 20.01.2026 (through e-mail) in order to submit his bids through online on or before 02.02.2026 up to 15.00 Hrs in Tender Notification in Tender Notice No.21/2025-26/HDO/NH dated 14.01.2026 (IInd Call), Sl.No.1, CRIF 20252026 in the notice on the file of the 1st respondent and pass orders.
For Petitioner(s):
Mr.S.Doraiswamy For Respondent(s):
Mr.S.Rajesh Government Advocate for R1 & R2
ORDER
The writ petition has been filed seeking the following relief : " To issue a Writ of Mandamus, directing the 2nd respondent to issue Work Site Inspection Certificate and working condition of the Plants and Machineries Certificates to the petitioner as per the application of the petitioner dated 20.01.2026 (through e-mail) in order to submit his bids through online on or before 02.02.2026 up to 15.00 Hrs in Tender Notification in Tender Notice No.21/202526/HDO/NH dated 14.01.2026 (IInd Call), Sl.No.1, CRIF 20252026 in the notice on the file of the 1st respondent."
2. The petitioner-company is a State Level First Class Contractor under the Highways Department. The first respondent had called for a tender notification for the Project - Strengthening from Km 30/4-36/6, 38/7-47/0 of Marmalong Bridge - Irumbuliyur - Vandalur - Mudichur - Oragadam - Walajabad Road (SH-48) excluding junction improvement at Km 32/2, on 14.01.2026. The last date for submission of tender documents through online was on 02.02.2026 and the date of bid opening was on 03.02.2026.
3. The petitioner would submit that one of the pre-condition in
participating in the tender is that the tenderer should personally inspect the working site and obtain a Site Inspection Certificate and Working condition of the Plants and Machineries Certificate from the second respondent and the same should be uploaded along with the tender documents. For obtaining the said certificates, the petitioner should submit an application before the second respondent on or before 22.01.2026 and the last date prescribed for receipt of such applications was on 28.01.2026 upto 17.45 hrs. The petitioner who intends to participate in the tender had visited the project site and upon satisfaction, he had preferred an application before the second respondent on 20.01.2026 for issuance of Work Site Inspection Certificate and Working Condition of the Plants and Machineries Certificate. Though the petitioner's application was received by the second respondent on 22.01.2026, but till date no such certificates were issued. Hence, the petitioner is before this Court.
4. Heard Mr.S.Doraiswamy, learned counsel for the petitioner and Mr.S.Rajesh, learned Government Advocate appearing for respondents 1and 2.
5. The learned Government Advocate appearing for the respondent on instructions, assures the Court that the representation of the petitioner would be considered and necessary orders would be passed by the second respondent, before 29.01.2026.
6. Recording the above statement, the writ petition is disposed of. No costs.
23-01-2026 Index: Yes/No Speaking/Non-speaking order DS To:
1.The Superintending Engineer National Highways, Chennai Circle Government of Tamil Nadu Chennai - 106.
2.The Divisional Engineer National Highways Government of Tamil Nadu Chennai 106.
P.T.ASHA, J.
DS 23-01-2026