M/S. Senbagam Construction v. The Chief Engineer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18-12-2025

CORAM

THE HONOURABLE MR JUSTICE N. SATHISH KUMAR AND WMP NO. 55695 OF 2025 M/s.Senbagam Construction, Rep. By Its Managing Partner, K.Kuppusamy, S/o.R.Kuppusamy, No.15, Chinnamuthur, Muthur, Kangayam Taluk, Tiruppur District.

Petitioner(s) Vs 1.The Chief Engineer, Highways Department, HRS Campus, No.76, Sardar Pattel Road, Guindy, Chennai 600 025.

2.The Superintending Engineer, National Highways, Omalur Main Road, Narasothipatty, Alagapuram Post, Salem 636 004.

3.The Divisional Engineer, National Highways, No.6, A.T.T. Colony V.O.C. Park Road, Coimbatore 641 018.

Respondent(s) PRAYER:-Writ Petition filed under Article 226 of the Constitution of India, praying for an issuance of Writ of Certiorarified Mandamus, to call for the records relevant to the impugned order of rejection order in Lr. No CRIF / 2025-

26 / JDO dated 15.12.2025 passed by the 3rd respondent and quash the same as illegal, improper, unreasonable, arbitrary and against the principles of natural justice and thereby direct the 3rd respondent to issue Work Site Inspection Certificate and working condition of the Plants and Machinery Certificate to the petitioner.

For Petitioner(s):

Mr.N.Palanisamy For Respondents:

Mr.D.Gopal Government Advocate

ORDER

This writ petition has been filed by the petitioner challenging the impugned order dated 15.12.2025 passed by the 3rd respondent whereby rejecting the petitioner's contract application. 2.Mr.D.Gopal, learned Government Advocate takes notice on behalf of the respondents. By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself. 3.Learned counsel for the petitioner would submit that in order to participate in the tender called for by the 2nd respondent for the work of widening the intermediate lane into double lane and strengthening at km 4/4-8/0 of Muthur-Udayam-Vairamadai Road (SH) including CD works, the petitioner submitted a representation dated 08.12.2025 to the 3rd respondent to issue site

inspection certificate and working condition of the plants and machinery certificate. However, the 3rd respondent vide impuged order dated 15.12.2025, rejected the petitioner's contract application on the ground that the petitioner does not have valid ownership for the Static Roller. 4.Learned Government Advocate appearing for the respondents would submit that the contractor must have valid ownership for all the plants and machineries mentioned by them. Since the petitioner does not have valid ownership for the Static Roller, his application was rejected. 5.Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the respondents and perused the materials available on records.

6.Considering the submissions made by either parties, it is evident that though the petitioner bought the Static Roller in the year 2004 and according to them it works in good condition, admittedly, the petitioner failed to register the Static Roller and thus, the petitioner does not have the ownership of the Static Roller and without registration the Static Roller cannot be moved on road. Therefore, this Court does not find any merits in the present writ petition and the present writ petition is liable to be dismissed.

7.With the above observation, this writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed. 18-12-2025 rst Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The Chief Engineer, Highways Department, HRS Campus, No.76 Sardar Pattel Road Guindy, Chennai 600 025.

2.The Superintending Engineer, National Highways, Omalur Main Road, Narasothipatty Alagapuram Post, Salem 636 004.

3.The Divisional Engineer, National Highways, No.6 A.T.T. Colony V.O.C. Park Road, Coimbatore 641 018.

N.SATHISH KUMAR J.

rst AND WMP NO. 55695 OF 2025 18-12-2025