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Madras High CourtWP/39554/2025closed

Ng Contractor v. The Superintending Engineer

2025-10-17Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.10.2025 C O R A M THE HONOURABLE MR.JUSTICE M.DHANDAPANI M/s.NG Contractor, Representd by its Partner, Mr.R.Bakiya Kumar, Having its office at:

No.1/81,6, Venkateswara Layout, Second SIPCOT, Kumathepalli, Hosur-635109. ... Petitioner Vs 1.The Superintending Engineer, Highways Department, Construction and Maintenance, Steel Plant Road, Jahir Ammapalayam, Salem-636302.

2.The Divisional Engineer, Highways Department, Construction & Maintenance, Dharmapuri-636705.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus to direct the 2nd Respondent to forthwith issue the Work Site Inspection Certificate and the Working Condition of Plants and Machinery Certificate to the petitioner based on their application dated 09.10.2025, to enable the petitioner to participate in the tender for the work of "Strengthening at Km 75+00 to 80+965 to (Palacode Section), Km 82+214 to 82+564 (Somanahalli Bypassed Section),Km 86+035 to 88+910 (Pullikarai 1/4

Bypassed Section) or Malur Hosur Adhiyamankottai Road (SH 17) (Abandoned section of NH 844)" pursuant to Tender Notice bearing No.32/2025-2026/HDO, dated :06.09.2025, which was officially published on 15.09.2025 in http://tntenders.gov.in, issued by the 1st Respondent. For Petitioners : Mr.K.Gowtham Kumar For Respondents : Ms.S.Anitha, Special Government Pleader

O R D E R

This Writ Petition has been filed seeking a direction to the 2nd respondent to issue the Work Site Inspection Certificate and the Working Condition of Plants and Machinery Certificate to the petitioner based on their application dated 09.10.2025 so as to enable the petitioner to participate in the tender called for by the 1st respondent in reference to the tender notification dated 06.09.2025.

2.Ms.Anitha, learned Special Government Pleader takes notice on behalf of respondents.

3.It is the case of the petitioner that as per the tender notification dated 06.09.2025 called for by the 1st respondent, the tenderers shall have to submit 2/4

their applications to the 2nd respondent on or before 15.10.2025 upto 17.45 hrs for issuance of Work Site Inspection Certificate and working condition of the Plants and Machineries Certificate by the 2nd respondent and the last date for receipt of said certificates is on or before 22.10.2025 upto 17.45 hrs. However, the aforesaid certificates were not issued to the petitioner, aggrieved by which, the petitioner has come before this Court by filing a Writ Petition.

4. Learned counsel for the petitioner submits that if the respondent fails to issue the work site inspection certificate and working condition of the plants & machineries certificate within the stipulated time as per the tender notification issued by the 1st respondent, grave prejudice will be caused to the petitioner as it would result in rejection of their application. Therefore, this Court may issue a direction to the 2nd respondent to issue the aforesaid certificates to the petitioner within the prescribed time in reference to the above tender notification.

5. Learned Special Government Pleader appearing for the respondents submitted that the work site inspection certificate as well as the working condition of the plants & machineries certificates will be issued to the petitioner on or before 5 p.m on 18.10.2025.

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M.DHANDAPANI, J.

Nhs

6. Recording the aforesaid submission of the learned Special Government Pleader, this Writ Petition stands disposed of with the direction to the 2nd respondent is directed to issue the aforesaid certificates to the petitioner, in reference to the tender notification on or before 5 p.m on 18.10.2025. There shall be no order as to costs.

17.10.2025 Index:Yes/No Internet:Yes Speaking/Non-Speaking order Nhs Note : Issue order copy on 17.10.2025 To 1.The Superintending Engineer, Highways Department, Construction and Maintenance, Steel Plant Road, Jahir Ammapalayam, Salem-636302.

2.The Divisional Engineer, Highways Department, Construction & Maintenance, Dharmapuri-636705.

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