Kcp Infra Limited v. The Chief Engineer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15-07-2025
CORAM
THE HONOURABLE MRS.JUSTICE N. MALA and WMP No.29068 of 2025 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 Chief Engineer TWAD Board, Coimbatore 2.The Executive Engineer TWAD Board, Maintenance Division, Salem.
Respondent(s) PRAYER Writ petition is filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus,directing the respondents to issue "Site Visit Certificate" to the petitioner as per the application of the petitioner dated 1/7
08.07.2025 in order to submit his bids through online on or before 18.07.2025 up to 3.00 pm in respect of Tender Notice Tender Notification in IFB No.11/F, Revamping CWSS/SLM and TPR /SDO/(T6)/CE/CBE/2025/ dated 10.06.2025 on the file of the 1st Respondent for the work viz. Replacement of existing of 1100 mm PSC pipes with MS pipe, Replacement of PSC pipes with various size of DI pipes under Attur Narasingapuram CWSS in Salem District under Revamping of Existing CWSS in Salem District. For Petitioner(s):
Mr.S.Doraisamy For Respondent(s):
M/s.S.Shahhila Banu, Standing counsel
ORDER
Writ petition is filed for a writ of mandamus directing the respondents to issue site visit certificate to the petitioner, as per the application of the petitioner dated 08.07.2025, in order to submit his bids through online on or before 18.07.2025, up to 3.00 pm in respect of Tender Notice dated 10.06.2025, on the file of the 1st Respondent for the work viz. replacement of existing of 1100 mm PSC pipes with MS pipe, replacement of PSC pipes with various size of DI pipes under Attur Narasingapuram CWSS in Salem District under Revamping of Existing CWSS in Salem District.
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2. The petitioner is a Class-I contractor registered under the Highways Department, Corporations and PWD. The 1st respondent issued two cover tender notification in IFB No.11/F.Revamping CWSS/SLM & TPR/SDO (T6)/CE/CBE/2025. As per the tender notification, the bid must be submitted through online up to 18.07.2025 till 3.00 pm. The petitioner intended to participate in the tender for the following work, "2. Replacement of Pipes, Pumpsets, Cables, Valves and Accessories in CWSS to Muthur, Kangayam, 3 municipalities, 6 Town Panchayats and 1790 Rural Habitations in 66 Village Panchayats in Erode, Tiruppur and Karur District."
3. The petitioner submitted that without the site visit certificate, the petitioner would not be able to participate in the tender process. The petitioner further submitted that even though the respondents received the petitioner's application dated 08.07.2025 for site visit certificate, as early as on 10.07.2025, no action was taken on the petitioner's application and therefore, the petitioner filed the above writ petition for the aforesaid relief. 3/7
4. The learned counsel for the respondents admitted that the petitioner submitted his application on 08.07.2025. However, the learned counsel submitted that thereafter the petitioner was required to submit a requisition for site visit. The learned counsel further submitted that since the petitioner did not submit the requisition for site visit, the site visit certificate could not be issued.
5. The learned counsel for the petitioner submitted that due to the inaction on the part of the respondents in facilitating the site visit and issuing the site visit certificate, the petitioner is unjustly deprived of an opportunity to participate in the tender process. The learned counsel contended that unless immediate directions are issued, the petitioner would be irreparably prejudiced, particularly in view of the imminent last date for submission of tenders.
6. I heard both the learned counsels and perused the materials placed on record. With the consent of both the counsels, the main writ petition is taken up for final disposal.
7. In view of the facts and circumstances of the case, and taking into account that the last date for submission of the tender is 18.07.2025, by 3.00 pm, this Court is inclined to direct the 2nd respondent to conduct the site 4/7
visit along with the petitioner on 16.07.2025, at 11.00 a.m., and thereafter issue the site visit certificate to the petitioner by 5.00 p.m., on the same day, so as to enable the petitioner to participate in the tender process without further impediment.
8. The learned counsel for the respondents is directed not to wait for the web-copy of the order and instruct the respondents to comply with the order of this court.
Writ petition is accordingly disposed of. However, there shall be no order as to costs. Consequently, the connected miscellaneous petition is closed. 15-07-2025 (2/2) Index:Yes/No Speaking/Non-speaking order Internet:Yes dsn 5/7
To 1.The Chief Engineer Twad Board, Coimbatore 2.The Executive Engineer Twad Board, Maintenance Division, Salem.
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N.MALA J.
dsn 15-07-2025 (2/2) 7/7