M/S. Shiva Engineering Works v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03-06-2026
CORAM
THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ WP Nos. 20952, 20955, 20957 and 20958 of 2026 and WMP No.22664, 22665, 22666 and 22667 of 2026 M/s. Shiva Engineering works V.Siva Prakash, Rep. by its Proprietor, 11/5-33 Subramaniya Nagar, Macheri, Salem District.
..Petitioner in WP No.20952/2026 M/s. Balu & Co.
P.Balasubramani Rep by its Managing Partner, 1/39 A, Kattur, Poolampatti, Edappadi Taluk, Salem District.
..Petitioner in WP No.20955/2026 M/s. Ananth Constructions, R.Ananth, Rep. By its Managing Director, Sab John Thottam, Omalur Post, Salem District.
.Petitioner in WP No.20957/2026 M/s.B.S.N. & Co.
R.Viswanathan, Rep by its Managing Director, 8/171-B, Kamaraj Nagar, Konur Post, Mettur Taluk, Salem District.
..Petitioner in WP No.20958/2026
Vs
1. The Managing Director Tamil Nadu Water Supply and Drainage Board (TWAD) Chepauk, Chennai 600009.
2. The Chief Engineer Tamil Nadu Water Supply and Drainage Board (TWAD), No.30 Bharathi Park Road, TWAD Board, Siruvani Nagar, Coimbatore 641 043.
..Respondents in all the petitions PRAYER: Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Mandamus, directing the Respondents to consider the petitioner's representation dated 20.05.2026 and consequently process and issue Work Order to the petitioner who has already been declared as valid L1 bidder - within the time frame stipulated by this Court. For Petitioner(s):
Mr. T. Mohan, Senior Counsel for Mr.Pandi Dorai in all the petitions For Respondent(s):
Ms. S.Mekhala Standing Counsel in all the petitions
COMMON ORDER All four Writ Petitions are filed with a common prayer as follows: To issue a Writ of Mandamus, directing the Respondents to consider the petitioner's representation dated 20.05.2026 respectively and consequently process and issue Work Order to the petitioners, who are declared as valid L1 bidder - within the time frame stipulated by this Court.
2. Learned Senior Counsel would submit that the second respondent floated and invited tender notification in Tender Notice No.IFB No.18 to 23/F.O. & M of CWSS - Salem & Erode/SDO(T6)/CE/CBE/2025 dated 17.12.2025 respectively. This notification invited tenders in relation to project work for the operation and maintenance of (i) 43 numbers of Combined Water Supply Schemes (CWSS) under maintenance in the Erode District, (ii) 10 numbers of Combined Water Supply Schemes (CWSS) under maintenance in the Namakkal District, (iii) 7 numbers of Combined Water Supply Schemes (CWSS) under maintenance in the Salem District (iv) 4 numbers of Combined Water Supply Schemes (CWSS) under maintenance in the Erode District respectively, including repair, rectification works and the supply of chemicals for a three-year period from 01.04.2026 to 31.03.2029.
3. Learned Senior Counsel would further submit that the petitioners participated in the tender process. Upon evaluation of the technical and financial bids, the petitioners were declared as L-1 bidder by respondent No.2 on 09.02.2026, 09.02.2026, 09.02.2026 and 30.04.2026 respectively. Having been declared as L-1 bidders, petitioners fulfilled all requisite formalities, including the submission of Earnest Money Deposit. Learned Senior Counsel would submit that Writ Petition were filed before this Court in WP No. 650 of 2026 and 5020 of 2026, wherein an interim order was granted on 11.02.2026. However, vide order dated 27.04.2026 the said Writ Petitions came to be dismissed.
4. Learned Senior Counsel would further submit that petitioners in all the petitions were also requested to reduce the contract costs by 2.5%, which was also acceded to. He would submit that all that is now remaining is issuance of work orders, for which the petitioners submitted their respective representation dated 20.05.2026.
5. At this juncture, learned counsel appearing for respondents would submit that they would consider the representation of petitioners and issue work orders to petitioners in accordance with law after issuing notice to petitioners
in all the petitions and any other interested parties, within a time period to be stipulated by this Court. Agreed to by the learned counsel for petitioners in all the petitions.
6. In view of the same, taking into consideration the facts and circumstances of the case and the limited relief sought for in this Writ Petition, there shall be a direction to the respondents to consider the representation dated 20.05.2026 respectively on its own merits and pass appropriate orders in accordance with law, after issuing notice and after affording reasonable opportunity of hearing to petitioner, and any other interested persons within a period of three (3) weeks from the date of uploading of web copy without waiting for receipt of certified copy of the order. It is made clear that this Court has not expressed any views with regard to the merits of the case and it is open to the concerned respondent to consider the case on its own merits and in accordance with law.
7. Accordingly, the writ petitions stand disposed of. Consequently the connected miscellaneous petitions are closed. No costs. 03-06-2026 Index: Yes/No Speaking/Non-speaking order jv
To
1. The Managing Director Tamil Nadu Water Supply and Drainage Board (TWAD) Chepauk, Chennai 600009.
2. The Chief Engineer Tamil Nadu Water Supply and Drainage Board (TWAD) No.30 Bharathi Park Road TWAD Board Siruvani Nagar Coimbatore 641 043.
MOHAMMED SHAFFIQ, J.
jv WP Nos. 20952, 20955, 20957 and 20958 of 2026 03-06-2026