Gurumurthy Engineering Enterprises v. The Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated 16.12.2024
CORAM:
THE HONOURABLE MR.JUSTICE S.SOUNTHAR Gurumurthy Engineering Enterprises rep. by its Partner T.Salvari, having office at No.7/3, Ring Road, Ashok Nagar, Chennai 600 083.
... Petitioner Vs.
1. The Secretary, Highways & Minor Ports, Secretariat, Fort St. George, Chennai 600 009.
2. The Superintending Engineer (Highways), Construction and Maintenance, Chennai Circle.
3. The Divisional Engineer, Highways C & M, Kancheepuram Division, Kancheepuram 631 502.
4. The Divisional Engineer, Highways C & M, Thiruvallur Division, Thiruvallur 602 001.
... Respondents
Prayer: Writ petition filed under Article 226 of Constitution of India seeking for issuance of Writ of Mandamus, directing the third respondent and fourth respondent being the competent authority to conduct site inspection along with the petitioner and issue the site inspection certificate to the petitioner considering the representation dated 25.11.2024, 05.12.2024 and 06.12.2024 as per Tender notification dated 30.10.2024 so as to enable the petitioner to upload the site inspection certificate in the online portal on or before 18.12.2024 at 15.00 hours and allow the petitioner to participate in the Tender process.
For Petitioner : Mr.A.Kumar For Respondents : Mrs.M.Jayanthy Additional Government Pleader
ORDER
This writ petition is filed seeking direction to the third and fourth respondent to conduct site inspection along with the petitioner and issue site inspection certificate to the petitioner by considering its representation dated 25.11.2024, 05.12.2024 and 06.12.2024 as per Tender notification dated 30.10.2024.
2. It is the case of the petitioner that the second respondent herein invited tender for four laning of Kancheepuram By-pass Road. As per the tender condition, the petitioner shall inspect the work spot along with the competent authorities, namely, the respondents 3 and 4 and after completion of inspection of site, the third and fourth respondent shall issue site inspection certificate to the petitioner. The said certificate shall be uploaded along with bid by the petitioner and the last date for submission of the bid is 18.12.2024. Though the petitioner appeared before the third and fourth respondent and requested them to conduct site inspection and to issue site inspection certificate, they failed to issue necessary certificate. Hence, the petitioner has come before this court.
3. Mrs.M.Jayanthy, learned Additional Government Pleader takes notice for all the respondents and on written instructions from the third and fourth respondents submitted that site inspection was already over in this case and the third respondent will issue site inspection certificate on 17.12.2024 to the petitioner and the fourth respondent will issue the site inspection certificate on 16.12.2024 by 4.00 p.m.
4. The afore said statement made by the learned Additional Government Pleader, on written instructions from the third and fourth respondents is recorded.
5. In view of the above, the petitioner is directed to appear before the fourth respondent today, viz., 16.12.2024 at 4.00 p.m. and the fourth respondent shall issue site inspection certificate to the petitioner today itself. The petitioner is directed to appear before the third respondent tomorrow, viz., 17.12.2024 at 11.00 a.m. and the third respondent shall hand over the site inspection certificate to the petitioner tomorrow by 11.00. a.m.
8. With the above directions, this writ petition is disposed of. There shall be no order as to costs.
16.12.2024 Note: Issue order copy today (16.12.2024) Index:Yes/No Internet:Yes/No mst
To
1. The Secretary, Highways & Minor Ports, Secretariat, Fort St. George, Chennai 600 009.
2. The Superintending Engineer (Highways), Construction and Maintenance, Chennai Circle.
3. The Divisional Engineer, Highways C & M, Kancheepuram Division, Kancheepuram 631 502.
4. The Divisional Engineer, Highways C & M, Thiruvallur Division, Thiruvallur 602 001.
S.SOUNTHAR, J.
mst 16.12.2024