Vijay Gowtham Engineering Works v. The Superintendent Engineer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 05.08.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA and WMP.Nos.32606, 32607 & 32608 of 2025 Vijay Gowtham Engineering Works Rep by Managing Partner Mr.G.Ravi No.211A, R.S. Road Reddyapalayam, Athipattu, Chennai - 699 120.

... Petitioner Vs.

The Superintending Engineering Storm Water Drain Department Greater Chennai Corporation Ripon Buildings Chennai - 600 003.

... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of Mandamus thereby directing the respondent to issue the Site Visit Certificate to the petitioner to enable him to participate in the works issued vide Tender Notice Number S.W.D.C. No.B3/216926/2025, S.W.D.C. No.B3/2169-27/2025, S.W.D.C. No.B3/2169-28/2025, S.W.D.C. No.B3/2169-29/2025, S.W.D.C. No.B3/2169-30/2025, S.W.D.C. No.B3/2169-31/2025 dated 17.07.2025 and in the alternate to direct the 1/7

respondent to accept the tender documents to be uploaded by the petitioner without insisting the production of Site Visit Certificate for the above said work.

For Petitioner : Ms.Athiniveda For Respondent : Mr.E.C. Ramesh Standing Counsel

ORDER

The above writ petition has been filed for the following relief : " To issue a writ of Mandamus thereby directing the respondent to issue the Site Visit Certificate to the petitioner to enable him to participate in the works issued vide Tender Notice Number S.W.D.C. No.B3/2169-26/2025, S.W.D.C. No.B3/2169-27/2025, S.W.D.C. No.B3/2169-28/2025, S.W.D.C. No.B3/216929/2025, S.W.D.C. No.B3/2169-30/2025, S.W.D.C. No.B3/2169-31/2025 dated 17.07.2025 and in the alternate to direct the respondent to accept the tender documents to be uploaded by the petitioner without insisting the production of Site Visit Certificate for the above said work."

2/7

2. The petitioner is a registered Class-I contractor carrying out various civil works namely formation of roads, construction of building in various Government Departments, The first respondent floated a tender notification for demolition and re-construction of storm water drain in Zone 9, 10 and 13 of Chennai Corporation (totally 32 packages) and the petitioner wanted to participate in six such tender works. The original schedule for submission of tender documents was fixed on 01.08.2025 upto 3.00 p.m., which was subsequently modified by the corrigendum bearing No.S.W.D.C.No.B3/2169/2025, in and by which, the schedule was altered as follows :

Sl.No.

AS PUBLISHED TO BE READ AS 1.

Last Date for downloading of Tender Document - 01.08.2025 at 3.00 p.m., Last Date for downloading of Tender Document - 06.08.2025 at 3.00 p.m., 2.

Last Date and Time for Receipt of Bid - 01.08.2025 at 3.00 p.m., Last Date and Time for Receipt of Bid - 06.08.2025 at 3.00 p.m., 3.

Date and time for opening - 01.08.2025 at 3.30 p.m., Date and time for opening - 06.08.2025 at 3.30 p.m.,

3. One of the conditions in the tender notification was that the participants should upload a Site Visit Certificate issued by the concerned Zonal Executive Officer, along with the bid documents. The format of the said certificate can be obtained from the Office of the Superintending 3/7

Engineer (SWD), the respondent herein. Therefore, on 30.07.2025, the petitioner had submitted his individual applications to the respondent herein for each tender works requesting to issue the format of a Site Visit Certificate, but the same was not considered. The petitioner also pleaded that he may be provided with the details of the Zonal Executive Engineer, before whom he should approach for the tender works he intends to undertake. Hence, the petitioner is before this Court.

4. Heard the learned counsel for the petitioner. Mr.E.C.Ramesh, learned Standing Counsel takes notice for the sole respondent.

5. The learned Standing Counsel appearing for the respondents on instructions, would submit that the Zonal Executive Officer will visit the site of the petitioner today (05.08.2025) itself for inspection and the certificates will be issued forthwith.

6. Considering the fact that the petitioner has already submitted his applications to the first respondent as early as on 30.07.2025, the respondent shall issue the format of the Site Visit Certificate along with the details of 4/7

the Zonal Executive Engineer to the petitioner herein. The petitioner shall thereafter approach the concerned Zonal Executive Engineer and handover the format of the Site Visit Certificate. The said Zonal Executive Engineer who proposes to visit the site of the petitioner for inspection today (05.08.2025), shall issue the 'Site Visit Certificate' immediately, so as to enable the petitioner to participate in the bid. The respondent shall not await the written orders of this Court as the orders have been pronounced in the presence of the Standing Counsel.

7. With the above directions, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 05.08.2025 Index : Yes / No ds To:

The Superintending Engineering Storm Water Drain Department Greater Chennai Corporation 5/7

Ripon Buildings Chennai - 600 003.

6/7

P.T. ASHA, J, ds and WMP.Nos.32606, 32607 & 32608 of 2025 05.08.2025 7/7