K.Durvasulu v. The Superintending Engineer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.12.2024
CORAM
THE HONOURABLE MR.JUSTICE S.SOUNTHAR and W.M.P.No.41318 of 2024 K.Durvasulu ... Petitioner vs.
1.The Superintending Engineer, Highways (C&M), Chennai Circle, Chennai - 6.
2.The Divisional Engineer, Highways (C&M), Thiruvallur Division, JN Road, Thiruvallur - 1.
... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to issue "work site inspection certificate" to the petitioner as per the application of the petitioner dated 06.12.2024 in order to submit his bids through online on or before 18.12.2024, 13.00 Hrs in Tender Notice No.36/2024-2025/HDO dated 30.10.2024 on the file of the 1st respondent in respect on Sl.No.1, 4 and 5 under CRIDP 2024-25, Thiruvallur (4) C & M Division. 1/6
For Petitioner : Mr.S.Doraisamy For Respondents : Mrs.M.Jayanthy Additional Government Pleader
O R D E R
The Writ Petition is filed seeking a direction to respondents to issue 'work site inspection certificate' as per the application of the petitioner dated 06.12.2024 to enable him to submit his bids through online on or before 18.12.2024.
2. The 1st respondent issued a Tender Notification in No.36/20242025/HDO/DATED : 30.10.2024 for widening of road from two lane to four lane for a stretch between Thiruvallur and Kanchipuram Division. The last date for submission of the bid is 18.12.2024. As per the tender condition, the petitioner shall inspect the site of the proposed work before quoting rates and the work site inspection certificate issued by the concerned Divisional Engineer, Highways(C & M) shall be uploaded along with the petitioner's bid. Though petitioner appeared before the 2nd respondent on number of 2/6
occasions and submitted an application to the respondents on 06.12.2024 seeking site inspection certificate, the same has not been furnished to the petitioner to enable him to submit his bid. Therefore, the petitioner has come before this Court with the above mentioned prayer.
3. Mrs.M.Jayanthy, learned Additional Government Pleader, who is taking notice for the respondents, on instructions from the 2nd respondent, would submit that if the petitioner appears before the 2nd respondent on 13.12.2024 at 10.00 a.m, the said site inspection certificate will be issued immediately after inspection of the site, without insisting production of the original machineries certificate. The learned Additional Government Pleader further submit that the petitioner may be directed to produce xerox copy of Contractor Registration Certificate. The said statements made by the learned Additional Government Pleader appearing for the respondents are recorded.
4. In view of the said statements made by the learned Additional Government Pleader appearing for the respondents, the petitioner is directed to appear before the 2nd respondent on 13.12.2024 at 10.00 a.m, along with xerox copy of the Contractor Registration Certificate. After inspection of the site, the 2nd respondent shall issue a 'site inspection certificate' on 13.12.2024 3/6
itself by 4.00 pm.
5. With the above directions, this writ petition stands disposed of. No costs. Consequently, the connected miscellaneous petition is closed. 12.12.2024 Index : Yes/No Speaking order:Yes/No dm Note: Issue order copy on 12.12.2024.
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To 1.The Superintending Engineer, Highways (C&M), Chennai Circle, Chennai - 6.
2.The Divisional Engineer, Highways (C&M), Thiruvallur Division, JN Road, Thiruvallur - 1.
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S.SOUNTHAR, J.
dm 12.12.2024 6/6