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Madras High CourtWP/50204/2025disposed of

Tps Constructions v. Divisional Engineer

2025-12-19Honourable Mr Justice N. Sathish Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19-12-2025

CORAM

THE HONOURABLE MR JUSTICE N. SATHISH KUMAR WP No. 50204 of 2025 & WMP No.56164 of 2025 TPS Constructions, Mg. Partner T.Palanisamy 25, F Subramania Nagar, Mecheri Post 636 453 Mettur Taluk, Salem District Petitioner Vs

1. Divisional Engineer, National Highways, Omalur Main Road, Narasothipatty, Alagapuram PO, Salem 636 004.

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

... Respondent(s) PRAYER:

Writ Petition filed under Art.226 of the Constitution of India praying for issuance of Writ of Mandamus directing the 1st respondent to furnish the work site inspection certificate and working condition of plants and Machineries as per condition stipulated in Tender Notice No.20/HDO/NH/2025-26 dated 3.12.2025 issued by 2nd respondent inviting percentage bids under two cover system immediately in any event much before 24.12.2025 so as to submit to 2nd respondent along with Tender Application s is stipulated therein. For Petitioner(s):

Mr.V.T.Narendiran

For Respondents:

Mr. V. Jeevagiridharan, AGP

ORDER

This Writ Petition is filed by the petitioner company seeking a direction tot he 1st respondent to furnish the work site inspection certificate and working condition of plants and Machineries of the petitioner company, as per condition stipulate din Tender Notice No.20/HDO/NH/2025-26 dated 3.12.2025 issued by 2nd respondent inviting percentage bids under two cover system immediately in any event much before 24.12.2025 so as to submit to 2nd respondent along with Tender Application as is stipulated therein.

2.According tot he petitioner, as per the Tender notice dated 03.12.2025 issued by the 2nd respondent, the last date for receipt of certificate regarding working condition of plants and machineries, which is mandatory for the petitioner to participate in the tender, was fixed on 24.12.2025, however, the 1st respondent has been delaying to furnish such certificate within the stipulated date.

3. It is the grievance of the petitioner that if the tender application is not accepted by the respondents solely for the reason of not submitting the above said certificate, the petitioner's tender cannot be taken up for consideration.

4. The learned Addl. Govt. Pleader, on instructions, would submit that a Corrigendum was issued by the respondents to extend the time for submission of certificate regarding working condition of plants and machineries and the above said certificate will be issued to the petitioner on or before 02.01.2026.

5. The submission made by the learned Addl. Govt. Pleader appearing for the respondents is hereby recorded.

6. In view of the submissions made by the learned Addl. Govt. Pleader, the respondents are directed to issue certificate regarding working condition of plants and machineries on or before 02.01.2026.

7. The Writ Petition is disposed of accordingly. No costs. Consequently, the connected miscellaneous petition is closed. msr 19-12-2025

To

1. Divisional Engineer, National Highways, Omalur Main Road, Narasothipatty, Alagapuram PO, Salem 636 004.

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

N.SATHISH KUMAR J.

msr WP No. 50204 of 2025 & WMP No.56164 of 2025 19-12-2025