Sairam Construction v. The Superintending Engineer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.10.2025

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.38039, 38041, 38048, 38052 and 38060, of 2025 and W.M.P.Nos.42486, 42487, 42495, 42469, 42472, 42474, 42475, 42502, 42504 and 42496 of 2025 M/s.Sairam Constructions, Represented by its Partner R.Vijayan, No.18, Gopal Street Extension, N.K.Nagar, Tindivanam, Villupuram - 604 001.

... Petitioner in all cases Vs.

1. The Superintending Engineer, (H) (C&M) Villupuram Circle, Villupuram.

2. The Divisional Engineer, Highways C&M, Villupuram ... Respondents in all cases PRAYER in W.P.No.38039 of 2025 : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to forbear the first respondent from opening the tender documents in respect of tender notice No.29/2025-2026/HDO dated 26.08.2025 of the first

respondent herein in respect of the work of Widening from Multi Lane to Four Lane and Strengthening of Old NH-66 passing through Thiruchitrambalam Town at Km 6/8-7/6 (VPM-072) in Villupuram Division without issuing the certificates to the petitioner and receiving the bids of the petitioner.

PRAYER in W.P.No.38041 of 2025 : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to forbear the first respondent from opening the tender documents in respect of tender notice No.32/2025-2026/HDO dated 30.08.2025 of the first respondent herein in respect of the work of Widening from single Lane to Intermediate Lane and Strengthening at Km 3/4-6/4 of PonnankuppamThuttipattu road and construction of protective wall at 4/6 including reconstruction of box culvert at km 6/4 (VPM 084) of Villupuram Division, without issuing the certificates to the petitioner and receiving the bids of the petitioner.

PRAYER in W.P.No.38048 of 2025 : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to forbear the first respondent from opening the tender documents in respect of tender notice No.39/2025-2026/HDO dated 09.09.2025 of the first respondent herein in respect of the work of Widening from single Lane to Intermediate Lane and Strengthening at Km 0/0 -2/0 of Deevanur -

Venganur Road including reconstruction of culvert at Km 0.10, 1/2 & 1/8 (VPM-107) of Villupuram Division without issuing the certificates to the petitioner and receiving the bids of the petitioner. PRAYER in W.P.No.38052 of 2025 : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to forbear the first respondent from opening the tender documents in respect of tender notice No.43/2025-2026/HDO dated 13.09.2025 of the first respondent herein in respect of the work of Improvements to Riding Quality at km 11/8-13/0 & 15/2-19/2 of Vallam - GST Road (M-1113) (VPM-113) of Villupuram Division without issuing the certificates to the petitioner and receiving the bids of the petitioner.

PRAYER in W.P.No.38060 of 2025 : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to forbear the first respondent from opening the tender documents in respect of tender notice No.46/2025-2026/HDO dated 17.09.2025 of the first respondent herein in respect of the work of Widening from Single lane to Intermediate lane and strengthening at km 0/0-2/0 of road from km 21/0 of Veliimedupettair - Mailam road to Thenputhut road (via) Alagramam including reconstruction of culvert at Km 0/2, 1/10 (VPM-116) of Villupuram Division without issuing the certificates to the petitioner and receiving the bids of the petitioner.

For Petitioner :

Mrs.A.L.Gandhimathi in all cases Senior Counsel for Mr.L.Palani Muthu For Respondents :

Mr.P.Kumaresan in all cases Additional Advocate General Assisted by Ms.S.Anitha Special Government Pleader C O M M O N O R D E R W.P.No.38039 of 2025 has been filed to forbear the first respondent from opening the tender documents in respect of tender notice No.29/2025-2026/HDO dated 26.08.2025 of the first respondent herein in respect of the work of Widening from Multi Lane to Four Lane and Strengthening of Old NH-66 passing through Thiruchitrambalam Town at Km 6/8-7/6 (VPM-072) in Villupuram Division without issuing the certificates to the petitioner and receiving the bids of the petitioner.

2. W.P.No.38041 of 2025 has been filed to forbear the first respondent from opening the tender documents in respect of tender notice No.32/2025-2026/HDO dated 30.08.2025 of the first respondent herein in

respect of the work of Widening from single Lane to Intermediate Lane and Strengthening at Km 3/4-6/4 of Ponnankuppam-Thuttipattu road and construction of protective wall at 4/6 including reconstruction of box culvert at km 6/4 (VPM 084) of Villupuram Division, without issuing the certificates to the petitioner and receiving the bids of the petitioner.

3. W.P.No.38048 of 2025 has been filed to forbear the first respondent from opening the tender documents in respect of tender notice No.39/2025-2026/HDO dated 09.09.2025 of the first respondent herein in respect of the work of Widening from single Lane to Intermediate Lane and Strengthening at Km 0/0 -2/0 of Deevanur - Venganur Road including reconstruction of culvert at Km 0.10, 1/2 & 1/8 (VPM-107) of Villupuram Division without issuing the certificates to the petitioner and receiving the bids of the petitioner.

4. W.P.No.38052 of 2025 has been filed to forbear the first respondent from opening the tender documents in respect of tender notice

No.43/2025-2026/HDO dated 13.09.2025 of the first respondent herein in respect of the work of Improvements to Riding Quality at km 11/8-13/0 & 15/2-19/2 of Vallam - GST Road (M-1113) (VPM-113) of Villupuram Division without issuing the certificates to the petitioner and receiving the bids of the petitioner.

5. W.P.No.38060 of 2025 has been filed to forbear the first respondent from opening the tender documents in respect of tender notice No.46/2025-2026/HDO dated 17.09.2025 of the first respondent herein in respect of the work of Widening from Single lane to Intermediate lane and strengthening at km 0/0-2/0 of road from km 21/0 of Veliimedupettair - Mailam road to Thenputhut road (via) Alagramam including reconstruction of culvert at Km 0/2, 1/10 (VPM-116) of Villupuram Division without issuing the certificates to the petitioner and receiving the bids of the petitioner.

6. The learned Senior Counsel appearing for the petitioner would submit that the petitioner participated in E-Tender Notifications issued by the first respondent, for which, the petitioner has to file necessary application for issuance of Work Site Inspection Certificate and working condition of the plants and machineries Certificate and therefore, the petitioner has made applications before the respondents for issuance of the above Certificates, however, no order was passed. Hence, these Writ Petitions have been filed.

7. The learned Additional Advocate General appearing for the respondents would submit that the last date for submitting the application is 09.10.2025 and prior to that, all the aforesaid Certificates will be issued to the petitioner on or before 09.10.2025.

8. Recording the submission made by the learned Additional Advocate General appearing for the respondents, these Writ Petitions are disposed of directing the respondents to issue the aforesaid Certificates to the petitioner on or before 09.10.2025. There shall be no order as to costs. Connected miscellaneous petitions are closed. 07.10.2025 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No ssb Note: Issue order copy by 08.10.2025.

To

1. The Superintending Engineer, (H) (C&M) Villupuram Circle, Villupuram.

2. The Divisional Engineer, Highways C&M, Villupuram.

M.DHANDAPANI, J.

ssb W.P.No.38039, 38041, 38048, 38052 and 38060, of 2025 and W.M.P.Nos.42486, 42487, 42495, 42469, 42472, 42474, 42475, 42502, 42504 and 42496 of 2025 07.10.2025