M/S.Bidhisha Sri Builder v. The State Of Tamilnadu
2024:MHC:1413
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.03.2024 CORAM :
THE HONOURABLE DR.JUSTICE ANITA SUMANTH and W.M.P.No.8216 of 2024 M/s.Bidhisha Sri Builder Rep. By its Managing Partner A.Karmegam Male / Age 53 years, S/o.Angappan No.18-b, Markabandhu Street, Peramanur, Salem District.
.. Petitioner vs 1.The State of Tamil Nadu Rep. By its Principal Secretary to Government, Public Works Department (PWD), Secretariat, Fort St.George, Chennai - 600 009.
2.The Engineer-in-Chief Engineer (Buildings), Public Works Department, Chepauk, Chennai - 600 005.
3.The Chief Engineer (Buildings), Public Works Department, Coimbatore Region, Coimbatore District.
4.The Superintending Engineer, Public Works Department (PWD), Buildings Construction and Maintenance Circle, Salem District, Salem.
5.The Executive Engineer, Public Works Department (PWD) Construction and Maintenance (C&M) Division, Salem District, Salem .. Respondents 1/7
Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the fourth respondent to issue the work order in favour of the petitioner in respect of the Tender Notice dated 19.02.2024 Notice : 33/2023-24/SE/B (C&M) C/SLM and without insisting the Site Visit Certificate. For Petitioner :
Mr.Abrar Md.Abdulla for Mr.A.M.Esakkiappan For Respondents :
Mr.G.Nanmaran Special Government Pleader
ORDER
The petitioner has participated in the e-tender notification dated 19.02.2024 issued by the Superintending Engineer of the Public Works Department for construction of a new building for SubRegistrar Office at Valapady in Valapadi Taluk Salem (East) District. 2.
The tender was to be conducted online and the last date of submission was 12.03.2024 at 3.00 p.m. The tenders were to be opened on 13.03.2024 at 3 p.m. One of the tender conditions is that the tenderer must visit the work site and obtain a certificate from the concerned Executive Engineer, Public Works Department and such certificate must be uploaded along with tender documents. The bid is complete only if accompanied by the said certificate. 2/7
3.
In the present case, the petitioner states in his affidavit that he has been approaching R4 for issuance of site visit certificate from 27.02.2024. However the statement is not supported by any material whatsoever and hence this Court is not inclined to accept the same.
4.
The petitioner has submitted a request only on 12.03.2024 around 12.30 a.m. seeking issuance of site visit certificate. The necessity for site visit certificate is set out in the tender itself under the caption 'for the special attention of the applicants' as follows:- "1.Approval of the e-tender will be strictly based on the detailed evaluation done on the basis of the documents/ records/ evidences / certificates uploaded by the applicant. In case of any discrepancy the tender will be rejected.
2. In order to avoid misjudgment of materials availability, the tenderer should visit the proposed work site and inspect the quarries before quoting his rates, as prescribed in para No.8, Appendix I of Tamil Nadu Building practice, Volume - I. Further the tenderer should obtain a site visit certificate from the Executive Engineer, PWD and should upload the same with crucial documents. Otherwise the tender will be summarily rejected."
5.
The site visit certificate which is made mandatory, is to ensure that the tenderer has visited the proposed work site and has inspected the quarries prior to quoting his rates. This is to pre-close any objections that may arise in this regard at a later date by the 3/7
tenderer.
6.
The petitioner has clearly been remiss and casual as he has sought issuance of site visit certificate only on the last date i.e., 12.03.2024. The respondents indicate that the request was made around 10.30 a.m and that the certificate was issued by R4 prior to 3 pm which is the cut-off time for submission of the bid. 7.
The petitioner has, however, uploaded his bid at 12.00 noon without the site visit certificate, demonstrating utter lack of care. He has not even waited in the premises to ensure that site visit certificate was received by him, in time as other bidders are stated to have done.
8.
Mr.Nanmaran, learned Special Government Pleader, on instructions, would submit that the Executive Engineer, PWD had issued the certificate at around 2 p.m. prior to the cut-off time for submission of bid and since the petitioner was not present, dispatched the same to the petitioner on the same date. Thus, the factual position in the present case is that the site visit certificate was issued by the respondents prior to 3 pm though it was in the possession of the respondents, rather than in possession of the petitioner.
9.
For the aforesaid reason alone, I am inclined to rule in favour of the petitioner. The petitioner has sought a mandamus 4/7
directing R4 to issue Work Order in his favour, which prayer is rejected. Pending writ petition, the bids have been opened and the petitioner's bid has been rejected for lack of site visit certificate. There is no infirmity in order dated 18.03.2024 rejecting the petitioner's bid. However, in light of the above narration of facts, specifically seeing as the site visit certificate had been issued before 3 pm, R4 is directed to consider the bid of the petitioner in accordance with law and prevailing tender conditions. 10.
This writ petition stands disposed in terms of this order. No costs. Connected miscellaneous petition is closed. 19.03.2024 Index:Yes/No ssm To 1.The Principal Secretary to Government, Public Works Department (PWD), Secretariat, Fort St.George, Chennai - 600 009.
2.The Engineer-in-Chief Engineer (Buildings), Public Works Department, Chepauk, Chennai - 600 005.
3.The Chief Engineer (Buildings), Public Works Department, Coimbatore Region, Coimbatore District.
5/7
4.The Superintending Engineer, Public Works Department (PWD), Buildings Construction and Maintenance Circle, Salem District, Salem.
5.The Executive Engineer, Public Works Department (PWD) Construction and Maintenance (C&M) Division, Salem District, Salem 6/7
DR. ANITA SUMANTH,J.
ssm 19.03.2024 7/7