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Madras High CourtWP/24002/2025disposed of

M/S.Kcp Infra Limited v. The Superintending Engineer

2025-07-02Honourable Mrs.Justice N. Mala11 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02-07-2025

CORAM

THE HONOURABLE MRS.JUSTICE N. MALA AND WMP NO. 26985 OF 2025

1. M/s.Kcp Infra Limited Registered Office At No.4, Ground Floor, Alayam Space, Anandha Road, Alwarpet, Chennai- 600 018. Rep By Its Director, K.Muthukumarasamy.

Petitioner(s) Vs

1. The Superintending Engineer Storm Water Drain Department, Amma Maligai , Rippon Builing Campus, Greater Chennai Corporation, Chennai600 003.

2.The Executive Engineer Zone- 5, Greater Chennai Corporation, No.9, Chidamabram 7th Street, Basin Bridge , Chidambaram, Nagar, Chennai-01.

3.The Exeuctive Engineer Zone-6, Greater Chennai Corporation, 158, Strahans Road, Pattalam,

Chennai-012.

4.The Executive Engineer Zone-8, Greater Chennai Corporation, 36-b, Pulla Avenue, Sehenoy Nagar, Chennai-30 5.The Executive Engineer Zone-9, Greater Chennai Corporation, No.8, 4th Cross Street, Lake Area, Nungambakkam, Chennai- 34.

6.The Executive Engineer Zone-10, Greater Chennai Corporation, 11/25, Dr.Ambedkar Road, Corporation Colony, Kodambakkam, Chennai-24.

7.The Executive Engineer Zone- 11, Greater Chennai Corporation, 33, Arcot Road, Valasaravakkam, Chennai-087.

Respondent(s) WMP No. 26985 of 2025

1. M/s.Kcp Infra Limited Registered Office At No.4, Ground Floor, Alayam Space, Anandha Road, Alwarpet, Chennai- 600 018. Rep By Its Director, K.Muthukumarasamy.

Petitioner(s) Vs

1. The Superintending Engineer

Storm Water Drain Department, Amma Maligai , Rippon Builing Campus, Greater Chennai Corporation, Chennai600 003. 2.The Executive Engineer Zone- 5, Greater Chennai Corporation, No.9, Chidamabram 7th Street, Basin Bridge , Chidambaram, Nagar, Chennai-01.

3.The Exeuctive Engineer Zone-6, Greater Chennai Corporation, 158, Strahans Road, Pattalam, Chennai-012.

4.The Executive Engineer Zone-8, Greater Chennai Corporation, 36-b, Pulla Avenue, Sehenoy Nagar, Chennai-30 5.The Executive Engineer Zone-9, Greater Chennai Corporation, No.8, 4th Cross Street, Lake Area, Nungambakkam, Chennai- 34.

6.The Executive Engineer Zone-10, Greater Chennai Corporation, 11/25, Dr.Ambedkar Road, Corporation Colony, Kodambakkam, Chennai-24.

7.The Executive Engineer Zone- 11, Greater Chennai Corporation, 33, Arcot Road, Valasaravakkam, Chennai-087.

Respondent(s) PRAYER Writ petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the respondents to issue site visit certificate to the petitioner as per the applications of the petitioner dated 19.06.2025 in order to submit his bids through online on or before 07.07.2025, 3.00 PM in respect of Tender Notice No.S.W.D.C. No.B1/ 0607/ 2025, approved dated 29.05.2025 on the file of the 1st respondent for the works viz. Rejuvenation of Virugambakkam Arumbakkam Canal in Zones -8,9,10 and 11 and Rejuvenation of otteri Nullah canal in Zones 5,6 and 8 (2 packages Viz. S.W. D.C. NO.B1/ 0607-1/ 2025 and S.W.D.C. No. B1/ 0607-2/ 2025). WMP No. 26985 of 2025 PRAYER To stay of all further proceedings in pursuant to the Tender Notification in Tender Notice No.S.W.D.C. No.B1/ 0607/ 2025, approved dated 29.

05.2025 on the file of the 1st respondent for the works viz. Rejuvenation of Virugambakkam Arumbakkam Canal in Zones -8,9,10 and 11 and Rejuvenation of otteri Nullah canal in Zones 5,6 and 8 (2 packages Viz. S.W. D.C. NO.B1/ 0607-1/ 2025 and S.W.D.C. No. B1/ 0607-2/ 2025) Pending disposal of the above writ petition.

For Petitioner(s):

Mr.S.Doraisamy For Respondent(s):

Mr.E.C.Ramesh, St.C. For Respdts.

ORDER

(1)Mr.E.C.Ramesh, learned Standing counsel accepts notice on behalf of the respondents.

(2)By consent of both the parties, this writ petition is taken up for final disposal at the stage of admission itself.

(3)The writ petition is filed for issuance of a writ of mandamus, to direct the respondents to issue site visit certificate to the petitioner as per the applications of the petitioner dated 19.06.2025 in order to submit his bids through online on or before 07.07.2025, 3.00 PM in respect of Tender Notice No.S.W.D.C. No.B1/ 0607/ 2025, approved dated 29.05.2025 on the file of the 1st respondent for the works viz. Rejuvenation of Virugambakkam Arumbakkam Canal in Zones -8,9,10 and 11 and Rejuvenation of otteri Nullah canal in Zones 5,6 and 8 (2 packages Viz. S.W. D.C. NO.B1/ 0607-1/ 2025 and S.W.D.C. No. B1/ 0607-2/ 2025). (4)The 1 st respondent issued a Tender Notification dated 29.05.2025 inviting tender bids under Two Cover System through online for works mentioned in the Tender Notice. One of the conditions of the tender is that the tenderer should submit site visit certificate from the competent authority and upload the site visit certificate in the online portal on or before 07.07.2025 at 3.00 p.m. Hence, the petitioner submitted a representation on 19.06.2025, to the

respondents to conduct the site inspection through the concerned Zonal Executive Engineer, Greater Chennai Corporation along with the petitioner and to issue the site visit certificate. As no action was taken, the petitioner was constrained to file the above writ petition with the aforesaid prayer. (5)The learned Standing counsel appearing for the respondent submits that the site visit certificate as sought for by the petitioner, will be issued by 11.00 a.m. on 04.07.2025.

(6)Recording the said submission made by the learned Standing counsel for the respondents, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

02-07-2025 AP Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The Superintending Engineer Storm Water Drain Department, Amma Maligai , Rippon Builing Campus, Greater Chennai Corporation, Chennai600 003.

2.The Executive Engineer Zone- 5, Greater Chennai Corporation, No.9, Chidamabram 7th Street, Basin Bridge , Chidambaram, Nagar, Chennai-01.

3.The Exeuctive Engineer Zone-6, Greater Chennai Corporation, 158, Strahans Road, Pattalam, Chennai-012.

4.The Executive Engineer Zone-8, Greater Chennai Corporation, 36-b, Pulla Avenue, Sehenoy Nagar, Chennai-30 5.The Executive Engineer Zone-9, Greater Chennai Corporation, No.8, 4th Cross Street, Lake Area, Nungambakkam, Chennai- 34.

6.The Executive Engineer Zone-10, Greater Chennai Corporation, 11/25, Dr.Ambedkar Road, Corporation Colony, Kodambakkam,

Chennai-24.

7.The Executive Engineer Zone- 11, Greater Chennai Corporation, 33, Arcot Road, Valasaravakkam, Chennai-087.

WMP No. 26985 of 2025 To 1.The Superintending Engineer Storm Water Drain Department, Amma Maligai , Rippon Builing Campus, Greater Chennai Corporation, Chennai600 003. 2.The Executive Engineer Zone- 5, Greater Chennai Corporation, No.9, Chidambaram 7th Street, Basin Bridge , Chidambaram, Nagar, Chennai-01.

3.The Exeuctive Engineer Zone-6, Greater Chennai Corporation, 158, Strahans Road, Pattalam, Chennai-012.

4.The Executive Engineer Zone-8, Greater Chennai Corporation, 36-b, Pulla Avenue, Sehenoy Nagar, Chennai-30 5.The Executive Engineer Zone-9, Greater Chennai Corporation, No.8, 4th Cross Street, Lake Area,

Nungambakkam, Chennai- 34.

6.The Executive Engineer Zone-10, Greater Chennai Corporation, 11/25, Dr.Ambedkar Road, Corporation Colony, Kodambakkam, Chennai-24.

7.The Executive Engineer Zone- 11, Greater Chennai Corporation, 33, Arcot Road, Valasaravakkam, Chennai-087.

N.MALA J.

AP AND WMP NO. 26985 OF 2025 02-07-2025