Madras High CourtWP/48030/2025disposed of

Leema Construction v. The Chairman

2025-12-08Honourable Mr Justice N. Sathish Kumar6 pages

2025:MHC:2781

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.12.2025

CORAM

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR WP.No.48030 of 2025 & WMP.Nos.53639 & 53640 of 2025 LEEMA CONSTRUCTION REP. BY ITS PROPRIETRIX, S.MERCY LEEMA, NO.135, T.H.ROAD, PUNGAMBEDU, MINJUR, THIRUVALLUR DISTRICT-601 203. .. Petitioner

Versus

1. THE CHAIRMAN TNPGCL, 10TH FLOOR, NPKRR MAALIGAI, 144, ANNASALAI, CHENNAI-600 002.

2. THE MANAGING DIRECTOR, TNPGCL, 6TH FLOOR, TANTRANSCO BUILDING, 144 ANNASALAI, CHENNAI-600 002.

3. THE DIRECTOR (GENERATION) 5TH FLOOR TANTRANSCO BUILDING, NPKRR MALIGAI, 144 ANNASALAI, CHENNAI-600 002.

4. THE CHIEF ENGINEER NORTH CHENNAI THERMAL POWER STATION -I, CHENNAI-120.

5. THE SUPERINTENDING ENGINEER CIVIL MAINTENANCE, NORTH CHENNAI THERMAL POWER STATION -I, CHENNAI-120.

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6. THE SUPERINTENDING ENGINEER OPERATION AND BQR COMMITTEE CHAIRMAN, NORTH CHENNAI THERMAL POWER STATION -I, CHENNAI-120.

.. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records of the 4th respondent relating to the impugned Tender Document in Tender Specification No.CE-NCTPS 1-SE-CM- 121-2025-26 dated 26.11.2025 quash the same and further direct the respondents to issue a fresh tender for providing portable water for drinking water purpose to Power Hose at NCTPS-I premises for a period from 01.12.2025 to 30.04.2026 For Petitioner : Mr.Mohamed Ashik Jaman For Respondents : Mr.K.Arun Prasad Standing Counsel

ORDER

The petitioner has been filed challenging the tender document in Tender Specification No.CE/NCTPS-1/SE/CM/121/2025-26 dated 26.11.2025, quash the same and further direct the respondents to issue a fresh tender for providing portable water for drinking water purpose to Power Hose at NCTPS-I premises for a period from 01.12.2025 to 30.04.2026.

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2. It is the case of the petitioner that petitioner undertakes civil contract works, by participating tenders. While so, impugned public tender was issued for providing portable water for drinking water purpose to Power House at NCTPS-I premises for period from 01.12.2025 to 30.04.2026. The petitioner found anomalies under the Bidder Qualification Requirements Requirements(BQR), wherein, it is mandated that the bidder should have previous experience in water supply of minimum quantity of 180KL per day for a continuous period of one month in Government undertakings within the last 10 years from the date of tender opening for a value more than Rs.10 lakhs in a single order and the above BQR is totally unprecedent. Therefore, the petitioner challenges the tender.

3. The learned counsel for the petitioner submitted that in the tender conditions, there is no clarification whatsoever issued as to from where the water has to be supplied and in the absence of such conditions, the same will lead to exploitation of ground water.

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4. Whereas, the learned counsel for the respondents submitted that now the conditions are incorporated as to that the necessary approval and permission from the Government Authority for drawing the water from ground to be obtained by the bidder. Otherwise, authorisation/dealership certificate to be obtained from Government approved agencies. He also produced a note of the Superintending Engineer/CM, North Chennai Thermal Power Station-I, Chennai dated 06.12.2025 in this regard.

5. Heard both sides and perused the materials placed on record.

6. Such view of the matter, as the necessary conditions are incorporated, as a matter of right, now, the petitioner cannot question the tender condition as arbitrary. The authorities shall ensure that unnecessary exploitation of the ground water shall not take place and shall also ensure that when the appropriate license is granted by the government authorities to extract the water from a place, the water should be drawn only from such place.

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7. Accordingly, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petitions stand closed. 08.12.2025 dhk Index :Yes/No Internet :Yes/No : Yes To

1. THE CHAIRMAN TNPGCL, 10TH FLOOR, NPKRR MAALIGAI, 144, ANNASALAI, CHENNAI-600 002.

2. THE MANAGING DIRECTOR, TNPGCL, 6TH FLOOR, TANTRANSCO BUILDING, 144 ANNASALAI, CHENNAI-600 002.

3. THE DIRECTOR (GENERATION) 5TH FLOOR TANTRANSCO BUILDING, NPKRR MALIGAI, 144 ANNASALAI, CHENNAI-600 002.

4. THE CHIEF ENGINEER NORTH CHENNAI THERMAL POWER STATION -I, CHENNAI-120.

5. THE SUPERINTENDING ENGINEER CIVIL MAINTENANCE, NORTH CHENNAI THERMAL POWER STATION -I, CHENNAI-120.

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N. SATHISH KUMAR, J.

dhk

6. THE SUPERINTENDING ENGINEER OPERATION AND BQR COMMITTEE CHAIRMAN, NORTH CHENNAI THERMAL POWER STATION -I, CHENNAI-120.

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