N.Natarajan v. The Superintending Engineer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.12.2024
CORAM
THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P.No.39318 of 2024 and W.M.P.No.42571 of 2024 N.Natarajan Class-I Contractor, (Highways-DRDA& MAWS) No.69/B-5, Krishnan Street Pillaiyarpalayam Kanchipuram-631 501
...Petitioner
Vs.
1. The Superintending Engineer Highways (C & M) Chennai Circle, Chennai-6
2. The Divisional Engineer, Highways (C & M) Kancheepuram Division Kancheepuram ..Respondents PRAYER:Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to issue work site inspection certificate to the petitioner as per the application of the petitioner dated 17.12.2024 in order to submit his bids through online on or before 1/5
30.12.2024, 13.00 hrs in Tender Notice No.40/2024-2025/HDO dated 10.12.2024 on the file of the 1st respondent in respect of work in Sl.No.2 under Non plan 2024-25 Kancheepuram (H) C and M Division (Re-call) For Petitioners : Mr.S.Doraiswamy For respondents : Mr.V.Jeevagiridharan for R1 and R2 Additional Government Pleader
O R D E R
This writ petition is filed seeking a direction to respondents to issue work site inspection certificate to the petitioner as per the application of the petitioner dated 17.12.2024 to enable him to submit his bids through online on or before 30.12.2024 in Tender Notice No.40/2024-2025/HDO on the file of 1st respondent in respect of Sl.No.2 under Non plan 2024-25 Kancheepuram (H) C and M Division (Re-call).
2. The 1st respondent issued a tender notification on 10.12.2024 for widening of road from two lane to four lane for a stretch between Tiruvallur and Kanchipuram. The last date for submission of the bid is 30.12.2024. As 2/5
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 the petitioner appeared before the respondents on several occasions and submitted application before them seeking work site inspection certificate, the same has not been furnished to the petitioner to enable him to submit his bids. Therefore, the petitioner has come before this Court with the above mentioned prayer.
3. Mr.V.Jeevagiridharan, learned Additional Government Pleader, who takes notice for the respondents, on instructions from respondents, submits that if the petitioner appear before the 2nd respondent on 23.12.2024 at 10.00 A.M, the said site inspection certificate will be issued after inspection of the site, without insisting production of the original machineries certificate. The learned Additional Government Pleader further submits 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.
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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 23.12.2024 at 10.00 A.M along with the xerox copy of Contractor Registration Certificate. After inspection of the site, the 2nd respondent shall issue a " site inspection certificate" to the petitioner on the very same day before 4.00 P.M.
5. With the above directions, this writ petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed. 20.12.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No nr Note :Issue order copy on 21.12.2024.
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S.SOUNTHAR , J.
nr To
1. The Superintending Engineer Highways (C & M) Chennai Circle, Chennai-6
2. The Divisional Engineer, Highways (C & M) Kancheepuram Division Kancheepuram W.P.No.39318 of 2024 and W.M.P.No.42571 of 2024 20.12.2024 5/5