M/S. E.K.S.Constructions v. The Chief Engineer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.02.2026
CORAM
THE HONOURABLE MR. JUSTICE V.LAKSHMINARAYANAN W.P.Nos.4563, 4566, 4569, 4570, 4572 & 4577 of 2026 and W.M.P.Nos.5047, 5048, 5050, 5051, 5053, 5055, 5058, 5061, 5062, 5063, 5066 & 5067 of 2026 M/s.E.K.S Constructions represented by its Partner Kandasamy, having its registered office at No.137/3, Madurai Thondi Road, Kollangudi, Alagapuri Post, Kalayarkovil Taluk, Sivagangai District.
... Petitioner in all W.Ps Vs.
1.The Chief Engineer, Directorate of Municipal Administration, Urban Administrative Building Campus, Santhome High Road, Chennai - 28.
2.The Commissioner, Tiruppur City Municipal Corporation, Tiruppur District.
3.The Chief Engineer, Tiruppur City Municipal Corporation, Tiruppur District.
...Respondents in all W.Ps
Prayer in W.P.No.4563/2026: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Certiorarified Mandamus to call for the records relating to the Tender Rejection Order dated Page No.1 of 9
03.02.2026 on the file of the 3rd respondent and quash the same pertaining to the Tender Reference No.394/2026/SS1 Tiruppur Corporation_Package No_7 bearing Tender ID: 2026_MAWS_641918_7 on the file of the 2nd respondent and direct the respondents to open the price bid and award the said contract work to the petitioner.
Prayer in W.P.No.4566/2026: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Certiorarified Mandamus to call for the records relating to the Tender Rejection Order dated 03.02.2026 on the file of the 3rd respondent and quash the same pertaining to the Tender Reference No.394/2026/SS1 Tiruppur Corporation_Package No_8 bearing Tender ID: 2026_MAWS_641918_8 on the file of the 2nd respondent and direct the respondents to open the price bid and award the said contract work to the petitioner.
Prayer in W.P.No.4569/2026: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Certiorarified Mandamus to call for the records relating to the Tender Rejection Order dated 03.02.2026 on the file of the 3rd respondent and quash the same pertaining to the Tender Reference No.394/2026/SS1 Tiruppur Corporation_Package No_9 bearing Tender ID: 2026_MAWS_641918_9 on the file of the 2nd Page No.2 of 9
respondent and direct the respondents to open the price bid and award the said contract work to the petitioner.
Prayer in W.P.No.4570/2026: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Certiorarified Mandamus to call for the records relating to the Tender Rejection Order dated 03.02.2026 on the file of the 3rd respondent and quash the same pertaining to the Tender Reference No.394/2026/SS1 Tiruppur Corporation_Package No_16 bearing Tender ID: 2026_MAWS_641918_16 on the file of the 2nd respondent and direct the respondents to open the price bid and award the said contract work to the petitioner.
Prayer in W.P.No.4572/2026: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Certiorarified Mandamus to call for the records relating to the Tender Rejection Order dated 03.02.2026 on the file of the 3rd respondent and quash the same pertaining to the Tender Reference No.394/2026/SS1 Tiruppur Corporation_Package No_19 bearing Tender ID: 2026_MAWS_641918_19 on the file of the 2nd respondent and direct the respondents to open the price bid and award the said contract work to the petitioner.
Page No.3 of 9
Prayer in W.P.No.4577/2026: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Certiorarified Mandamus to call for the records relating to the Tender Rejection Order dated 03.02.2026 on the file of the 3rd respondent and quash the same pertaining to the Tender Reference No.394/2026/SS1 Tiruppur Corporation_Package No_28 bearing Tender ID: 2026_MAWS_641918_28 on the file of the 2nd respondent and direct the respondents to open the price bid and award the said contract work to the petitioner.
For Petitioner in all WPs : Mr.M.Ramamurthy for Mr.V.Vijaykrishnan For Respondents in all WPs : Dr.T.Seenivasan for R1 Mr.M.Suresh Kumar for R2 & R3 Additional Advocate General Assisted by Mr.Abishek Murthy, Senior Counsel for Tiruppur Municipal City Corporation C O M M O N O R D E R The petitioner is a Class I Contractor. It is entitled to bid on several works called by the Government and other Local Authorities. The 2nd Respondent had called for 8 Packages. The petitioner applied for the same. One of the conditions of the tender was to enclose a machinery Page No.4 of 9
certificate of the Chief Engineer, Tiruppur City Municipal Corporation, to demonstrate that the machineries of the tenderer is in working condition. The petitioner approached the Chief Engineer and secured a certificate on 24.01.2026. The petitioner has come forward with the present writ petitions on account of the fact that they were taken by surprise that their tenders were rejected for non-compliance with the aforesaid conditions. 2.The petitioner states that such a rejection is unfair. In addition, it states that the tenders were not opened on 28.01.2026 as scheduled but were opened on 03.02.2026. Hence, the Writ Petition. 3.I have heard Mr.M.Ramamurthy for Mr.V.Vijaykrishnan for the petitioners, Dr.T.Seenivasan, learned Special Government Pleader for the 1st respondent and Mr.M.Suresh Kumar, learned Additional Advocate General, assisted by Mr.Abishek Murthy, learned Senior Counsel for the respondents 2 and 3.
4.I have gone through the records and I have applied my mind.
5. A perusal of the typed set of papers shows that the petitioner has secured machinery certificates only for Package Nos.5 and 10. The Page No.5 of 9
certificate specifically states that it is valid for a period of 30 days. It also states that the certificate is issued for a particular Package for which it had been sought for. The petitioner has not produced the certificate of the 3rd respondent to show that it had obtained such a machinery certificate for other Packages. Hence, the plea of Mr.M.Ramamurthy that despite the enclosure of the machinery certificate, the rejection is unreasonable and arbitrary, cannot stand scrutiny. 6.Mr.M.Ramamurthy pleads that the tender condition called upon the petitioner to produce the proof of machinery, and not a proof of machinery for each Package. Even assuming that it is right, the petitioner, while placing reliance upon the certificate dated 24.01.2026, cannot seek to apply for additional packages. The certifying authority would have obviously seen the equipment to conclude that it satisfies the requirement of Package Nos.5 and 10 alone.
7.If I were to accept Mr. Ramamurthy's submission that the certificates issued for Package Nos.5 and 10 should be extended to other packages, I would, in effect, be rewriting the certificate given by a competent authority in the exercise of judicial review under Article 226 of the Constitution. However wide the powers be under that Article it Page No.6 of 9
does not include the power to rewrite certificates. 8.Insofar as the 2nd ground, that the bid was opened on 03.02.2026 and not on 28.01.2026 is concerned, Mr.M.Suresh Kumar has produced a copy of the tender e-Procurement System of Government of Tamil Nadu, which shows that the concerned Engineer had opened the tender on 28.01.2026 at 18:47:23 hours. Since the detailed information has been captured by the system independently maintained by the Government of Tamil Nadu and not under the control of the respondents 2 & 3; I am constrained to accept the same.
8.As both points advanced by the petitioner have failed, I am not in a position to entertain the writ petitions. These writ petitions are dismissed. No costs. Consequently, connected miscellaneous petitions are closed.
06.02.2026 Index : Yes / No Speaking Order : Yes / No : Yes / No pam Page No.7 of 9
To 1.The Chief Engineer, Directorate of Municipal Administration, Urban Administrative Building Campus, Santhome High Road, Chennai - 28.
2.The Commissioner, Tiruppur City Municipal Corporation, Tiruppur District.
3.The Chief Engineer, Tiruppur City Municipal Corporation, Tiruppur District.
Page No.8 of 9
V.LAKSHMINARAYANAN, J.
pam W.P.Nos.4563, 4566, 4569, 4570, 4572 & 4577 of 2026 06.02.2026 Page No.9 of 9