P.M.Infra v. The Chief Engineer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.04.2025
CORAM:
THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY M/s.P.M.Infra Rep.by its Managing Partner Mr.R.Gopinath Having registered office at D.No.2/396-3, Karaiyanpudur Pappinaickenpatty Post Namakkal 637 003.
... Petitioner Vs.
1.The Chief Engineer National Highways Chennai 600 015.
2.The Superintending Engineer National Highways Omalur Main Road Narasothipatty Alagapuram Post Salem 636 004.
3.The Divisional Engineer National Highways Salem 636 004.
...Respondents
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Prayer : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the third respondent to issue "Work Site Inspection Certificate" to the petitioner, enabling them to participate in the eTender floated by the second respondent for the work of widening from SL to DL and Improvements at km 4/0 -8/6 of Puthanchanthai - Kondampatty - Musiri Road including construction and re-construction of culverts and construction of retaining & protective wall vide Tender notice No.20/HDO/NH/2024-25 dated 07.03.2025, by considering the petitioner's representation dated 17.03.2025 and to pass such further or other order(s) as this Court may deem fit and proper in the facts and circumstances of the case. For Petitioner : Mr.S.Senthil For Respondents : Mr.S.Senthil Murugan for R1 to R3 Special Government Pleader
ORDER
The prayer in the Writ Petition is filed to direct the third respondent to issue the site inspection certificate to the petitioner enabling them to participate in the e-tender floated by the second respondent.
2. The learned counsel for the petitioner would submit that already this Court in WP.(MD).No.31256 of 2023 has observed that the 2/5
requirement itself is uncalled for and is made only to eliminate wide participation.
3. Be that as it may, when the matter came up for hearing, the learned Special Government Pleader submitted that all the prospective bidders are now invited to visit the site from 08.04.2025 onwars and as and when they visit immediately the certificate will be issued and the last date is only on 15.04.2025.
4. Accordingly, this Writ Petition is disposed of on the following terms;
(i) The petitioner shall inspect the site on 08.04.2025 and the site inspection certificate shall be issued on the same date or on 09.04.2025 to the petitioner. (ii) No costs.
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To 1.The Chief Engineer National Highways Chennai 600 015.
2.The Superintending Engineer National Highways Omalur Main Road Narasothipatty Alagapuram Post Salem 636 004.
3.The Divisional Engineer National Highways Salem 636 004.
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D.BHARATHA CHAKRAVARTHY , J.
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