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Madras High CourtWP/36206/2025disposed of with direction

Sree Sumathi And Co. v. The State Of Tamilnadu

2025-09-24Honourable Mr Justice M.Dhandapani9 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-09-2025

CORAM

THE HONOURABLE MR JUSTICE M.DHANDAPANI & WMP.Nos.40474 & 40479 of 2025 M/s Sree Sumathi And Co.

Represented By its Managing Partner S. Mohan, S/o. Siddan, No.333/5, Rajaganapathy Nagar, Chinnakollapatti, Salem District.

Petitioner(s) Vs 1.The State Of Tamilnadu Rep. By Its Principal Secretary To Government, Public Works Department (PWD), Secretariat, Fort St. George, Chennai-600 009 2.The Engineer -in-chief Engineer (buildings), Public Works Department, Chepauk, Chennai-600 3.The Chief Engineer (Buildings) Public Works Department, Coimbatore Region, Coimbatore District.

4.The Superintending Engineer Public Works Department (PWD), Buildings Construction And Maintenance Circle, Salem District, Salem.

5.The Executive Engineer Public Works Department, (PWD), Construction And Maintenance (C and M) Division, Salem District, Salem.

Respondent(s) PRAYER: This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Certiorarified Mandamus calling for the records of the 4 th Respondent issued e-Tender Notice No.24/2025-26/SE/B (C&M) C/SLM Dated 18.08.2025 in so far as S.No.2 work is concerned for construction of 9 class rooms in Government Higher Secondary School under NABARD RIDF XXXI (National Bank for Agriculture and Rural Development-Rural Infrastructure Development Fund) for the year 2025-26 at ARA Chettipatti in Salem District with Special Attention of the Applicants S.No.2, 3 and e-Tender Corrigendum dated 08.09.2025 in so far as Special condition that request for Site Visit Certificate by the bidder on or before 12.09.2025 and the Site Visit Certificate will be issued by the Executive Engineer on or before 15.09.2025 to

quash the same and consequently direct the fourth respondent to evaluate the Petitioner Tender Application dated 17.09.2025 and issue work order in respect of e-TENDER NOTICE No.NIT.24/2025-26/SE/B (C&M)C/SLM Dated 18.08.2025 in so far as S.No.2 work is concerned. For Petitioner(s):

M/s. I Abrar Mohamed Abdullah S. Saravanakumar C. Gunasekaran For Respondent (s): Mr.P.Kumaresan, Additional Advocate General Asst. by Mrs.S.Anitha, Special Government Pleader

ORDER

This Writ Petition has been filed seeking for a Writ of Certiorarified Mandamus calling for the records of the 4 th Respondent issuing e-Tender Notice No.24/2025-26/SE/B (C&M) C/SLM Dated 18.08.2025 in so far as S.No.2 work is concerned for construction of 9 class rooms in Government Higher Secondary School under NABARD RIDF XXXI (National Bank for Agriculture and Rural Development-Rural Infrastructure Development Fund) for the year

2025-26 at ARA Chettipatti in Salem District with Special Attention of the Applicants S.No.2, 3 and e-Tender Corrigendum dated 08.09.2025 in so far as Special condition that request for Site Visit Certificate by the bidder on or before 12.09.2025 and the Site Visit Certificate will be issued by the Executive Engineer on or before 15.09.2025 and to quash the same and consequently direct the fourth respondent to evaluate the Petitioner Tender Application dated 17.09.2025 and issue work order in respect of e-TENDER NOTICE No.NIT.24/2025-26/SE/B (C&M)C/SLM Dated 18.08.2025 in so far as S.No.2 work is concerned.

2.The facts of the case is that the petitioner is a Class - 1A civil contractor and has completed several contract works successfully throughout the State and that on 18.08.2025, the fourth respondent issued e-tender notice in so far as S.No.2 work for constructing 9 class rooms in Government Higher Secondary School under NABARD RIDF XXXI (National Bank for Agriculture and Rural Development - Rural Infrastructure Development Fund) for the year 2025-26 at ARA Chettipatti in Salem District to the value of Rs.207.89 Lakhs.

The last date for submitting the tender application was 10.09.2025, which was subsequently extended till 18.09.2025 at 3.00 p.m and the applicants were also required to file the Site Visit Certificate along with the tender application. 3.The case of the petitioner is that though he tried several times to obtain the Site Visit Certificate from the fifth respondent, he could not obtain the same and could not therefore, submit the tender application until 17.09.2025 and therefore, was forced to move to this Court with this Writ Petition. 4.This Court was prima facie satisfied with the case of the petitioner and had therefore, passed an order of interim injunction staying the tender process and had also directed the third respondent/Chief Engineer (Buildings), Public Works Department, Coimbatore Region, Coimbatore District, to appear before this Court today.

5.Today, Mr.R.Ranganathan, Chief Engineer, Public Works Department, Coimbatore Region and Mr.S.Thiagarajan, Executive Engineer, Public Works

Department, Building (Construction and Maintenance) Division are present before the Court.

6.The learned Additional Advocate General, on the instructions received from the officials present before the Court, submitted that the time for submitting the tender will be extended till 08.10.2025 and that the petitioner's application will be considered along with other applications at the time of opening the tender.

7. Considering the facts and circumstances of the case and having regard to the submissions made by the learned Assistant Advocate General, this Court directs the respondents to extend the date for submitting the tender applications till 08.10.2025. Further, the petitioner is also directed to upload the Site Visit Certificate along with his application to enable the respondent to consider his application.

8. With the above direction, the writ petition stands disposed of. No costs. Consequently, the connected miscellaneous petitions are closed. 24-09-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The State Of Tamilnadu Rep. By Its Principal Secretary To Government, Public Works Department (PWD), Secretariat, Fort St. George, Chennai-600 009 2.The Engineer -in-chief Engineer (buildings), Public Works Department, Chepauk, Chennai-600 3.The Chief Engineer (Buildings) Public Works Department, Coimbatore Region, Coimbatore District.

4.The Superintending Engineer Public Works Department (PWD),

Buildings Construction And Maintenance Circle, Salem District, Salem.

5.The Executive Engineer Public Works Department, (PWD), Construction And Maintenance (C and M) Division, Salem District, Salem.

M.DHANDAPANI J.

Tsg 24-09-2025