Kumar Builders v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10-10-2025
CORAM
THE HONOURABLE MR.JUSTICE P.B. BALAJI and WMP.Nos.42286, 42287 and 42288 of 2025
1. Kumar Builders Rep. By Managing Partner, S.Gopinath, No.2b, 2nd Floor, Jahnavi Heights, Babu Jagan Street, Kannan Bala Nagar, Arumbakkam, 100 Feet Road, Chennai- 600 106.
Petitioner(s) Vs
1. The Commissioner Tiruvallur Municipality, Tiruvallur District.
2.The Executive Engineer Tiruvallur Municipality, Tiruvallur District.
Respondent(s)
PRAYER This Writ Petition has been filed seeking for issuance of a Mandamus, to direct the 2nd respondent to issue the site visit certificate and working condition of Plant and Machineries certificate to the petitioner to enable him to participate in the works issued vide Tender Notice Number 9999/ 2025/SS2 dated 22.09.2025 and in the alternate to direct the 1st respondent to accept the tender documents to be uploaded by the petitioner without insisting the production of site visit certificate and working condition of Plant and Machineries certificate for the above said work.
For Petitioner(s):
M/s.Athiniveda G.Yazhini For Respondent:
Mr.P.Srinivas (for R1)
ORDER
The above matter is listed today under the caption "for being mentioned". Mr.P.Srinivas, the learned counsel for the first respondent states that the Municipality does not have any post as "Executive Engineer" and he would also point out that applicants have to procure necessary certificate from any Executive Engineer and need not be from the Officials attached to the Municipality. He would also state that necessary communication in this regard has been sent to the writ petitioner on 06.10.2025 and since the last date was 08.10.2025. The learned counsel for the petitioner is unable to immediately
assist this Court in this regard as she has no instructions.
2. On 03.10.2025, based on the instructions received by the learned Additional Government Pleader, I directed the certificates to be uploaded by forenoon of 07.10.2025 and now it is pointed out Mr.P.Srinivas, the learned counsel for the first respondent that there is no post as Executive Engineer in the Municipality and further it is for the writ petitioner to procure the necessary certificates from any Executive Engineer, not necessarily from the officials attached to the Municipality and the last date for submitting the tender documents has also passed, it is now only open to the writ petitioner to workout his rights independently, in accordance with law. This order shall form part and parcel of the order dated 03.10.2025.
10-10-2025 Kv To 1.The Commissioner Tiruvallur Municipality, Tiruvallur District.
2.The Executive Engineer
Tiruvallur Municipality, Tiruvallur District.
P.B.BALAJI J.
kv 10.10.2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03-10-2025
CORAM
THE HONOURABLE MR.JUSTICE P.B. BALAJI & WMP Nos.42286, 42287 & 42288 of 2025
1. Kumar Builders, Rep. by Managing Partner, S.Gopinath, No.2B, 2nd Floor, Jahnavi Heights, Babu Jagan Street, Kannan Bala Nagar, Arumbakkam, 100 Feet Road, Chennai- 600 106.
Petitioner(s) Vs
1. The Commissioner, Tiruvallur Municipality, Tiruvallur District.
2.The Executive Engineer, Tiruvallur Municipality, Tiruvallur District.
Respondent(s) PRAYER This Writ Petition has been filed seeking for issuance of a Mandamus, to direct the 2nd respondent to issue the ''Site Visit Certificate'' and working condition
of Plant and Machineries Certificate to the petitioner to enable him to participate in the works issued vide Tender Notice N0.9999/2025/SS2 dated 22.09.2025 and in the alternate to direct the 1st respondent to accept the tender documents to be uploaded by the petitioner without insisting the production of Site Visit Certificate and working condition of Plant and Machineries Certificate for the above said work.
For Petitioner(s):
M/s.Athiniveda For Respondent(s):
Mr.L.S.M.Hasan Fizal, AGP
ORDER
This Writ Petition has been filed seeking for issuance of a Mandamus, to direct the 2nd respondent to issue the ''Site Visit Certificate'' and working condition of ''Plant and Machineries Certificate '' to the petitioner to enable him to participate in the works issued vide Tender Notice N0.9999/2025/SS2 dated 22.09.2025 and in the alternate to direct the 1st respondent to accept the tender documents to be uploaded by the petitioner without insisting the production of ''Site Visit Certificate'' and working condition of ''Plant and Machineries Certificate'' for the above said work. 2.Today, when the matter is taken up for hearing, the learned Additional Government Pleader on instructions, would submit that the inspection will be
conducted and the Certificates would be issued on or before 07.10.2025, to enable the petitioner to participate in the tender. 3.Recording the said submission, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 4.However, it is made clear that after conducting inspection, the Certificates shall be uploaded by the Forenoon of 07.10.2025. 03-10-2025 Dn/ds Index:Yes/No
To 1.The Commissioner Tiruvallur Municipality, Tiruvallur District.
2.The Executive Engineer Tiruvallur Municipality, Tiruvallur District.
P.B.BALAJI, J.
Dn/ds 03-10-2025