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Madras High CourtWP/35673/2025dismissed

M/S.Am Constructions v. The Secretary To Government

2025-09-17Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-09-2025

CORAM

THE HONOURABLE MR JUSTICE M.DHANDAPANI & WMP Nos. 39913 and 39914 of 2025 M/s.AM Constructions Rep. By Its Managing Partner A.Manicavassalou, No.10, Vellavari Street, Mariya Towers, 2nd Floor, Carmel Convent, Muthialpet, Puducherry-605 003.

Petitioner(s) Vs

1. The Secretary to Government Animal Husbandry, Dairying, Fisheries And Fishermen Welfare Department, Fort St. George, Chennai-600 009.

2.The Chief Engineer Fishing Harbour Project Circle, Chennai-600 035.

3.The Executive Engineer Fishing Harbour Project Division (FHPD) Nandanam, Chennai-600 035.

Respondent(s) PRAYER; This writ petition has been filed under Article 226 of the

Constitution of India, seeking to quash the call for the records pertaining to E Tender with Reference NIT No.13/DB/ F.114 N/ 2025 dated 01.08.2025 issued by the 2nd respondent and to quash the same illegal, arbitrary and non-est in law.

For Petitioner(s):

Mr.S.V.D.Rajendra Prasad For Respondent:

Mr.P.Ganeshan, AGP

ORDER

This petition has been filed seeking to quash the E Tender dated 01.08.2025 issued by the 2nd respondent and to quash the same illegal, arbitrary and non-est in law.

2. It is the case of the petitioner that the petitioner has been doing construction business for several years and doing many government projects and having vast experience in the field of constructions. The second respondent issued E Tender dated 01.08.2025 for the upgradation to the Fish Landing Centre at Pudhukuppam in Cuddalore District. The petitioner visited the site on 04.09.2025 to understand the project requirements. The petitioner made EMD

payment on 06.09.2025 to the second respondent. Thereafter, the 3 rd respondent did not come forward to issue the certificate as per the E-Tender Notification and hence, the petitioner gave a letter dated 08.09.2025 to the second respondent, but the second respondent did not able to participate in the E-tender even the petitioner qualified otherwise. The second respondent precondition to produce certificate even to participate in the E-Tender is abuse of process of law. The petitioner was very much qualified to participate in the E-Tender. Hence, the petitioner has filed the above said writ petition.

3. The learned counsel for the petitioner submitted that the 3 rd respondent being a public authority, who is duty-bound to process the request made by the petitioner within the prescribed time-lines. The last date for submitting the application is 08.09.2025. Therefore, this Court may direct the 3 rd respondent to issue work site inspection certificate and working condition of the plants and machineries certificate to the petitioner as early as possible.

4. The learned Additional Government Pleader submitted that the last day of the tender is 08.09.2025. The writ petition has been belatedly filed by the

petitioner. Hence, the prayer sought by the petitioner has become infructuous. However, the certificates will be issued to the petitioner within a period of one week from the date of receipt of a copy of this order during office hours.

5. Heard the leaned counsel for the petitioner and the learned Additional Government Pleader for the respondents and perused the materials available on record.

6. In view of the consent view expressed by the learned Additional Government Pleader, this Court directs the 3 rd respondent to issue work site inspection certificate and working condition of the plants and machineries certificates to the petitioner within a period of one week from the date of receipt of a copy of this order. The petitioner shall collect the same during office hours.

7. With the above directions, the writ petitions are disposed. No costs. Consequently, connected miscellaneous petitions are closed. 17-09-2025 rli

Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The Secretary To Government Animal Husbandry, Dairying, Fisheries And Fishermen Welfare Department, Fort St. George, Chennai-600 009 2.The Chief Engineer Fishing Harbour Project Circle, Chennai-600 035.

3.The Executive Engineer Fishing Harbour Project Division (fhpd) Nandanam, Chennai-600 035.

M.DHANDAPANI J.

rli 17-09-2025