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Madras High CourtWP/26467/2018disposed of

M/S.Apu Constructions v. The Superintending Engineer

2018-10-05Honourable Mr Justice R. Mahadevan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.10.2018

CORAM

THE HONOURABLE MR. JUSTICE R.MAHADEVAN W.P.No.26467 of 2018 and W.M.P. Nos.30759 and 30764 of 2018 M/s.APU Constructions, rep. by its Managing Partner C.N.Annadurai .. Petitioner Vs 1.The Superintending Engineer, Highways, NABARD and Rural Roads Circle, B-48, Alagesan Nagar, Chengalpattu 603 001.

2.The Divisional Engineer, (Highways), Quality Control Division, Guindy, Chennai-600 025.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus, forbearing the first respondent from opening the tender documents in respect of tender notice No.10/2018-19/SDO dated 24.08.2018 of the first respondent herein in respect of the work of construction of high level bridge across Thenpennaiyaru connecting the villages Edathanur Thiruvadathanur without issuing the quality certificate to the petitioner and receiving the bids of the petitioner.

For Petitioner : Mrs.AL.Ganthimathi For Respondents: Mr.V.Jayaprakash Narayanan, Special Government Pleader

ORDER

By consent of both parties, the writ petition is taken up for final disposal at the admission stage itself. 2.The petitioner has come up with this writ petition forbearing the first respondent from opening the tender https://hcservices.ecourts.gov.in/hcservices/

documents in respect of tender notice No.10/2018-19/SDO dated 24.08.2018 regarding work of construction of high level bridge across Thenpennaiyaru connecting the villages Edathanur Thiruvadathanur without issuing them the quality certificate. 3.It is submitted by the learned Special Government Pleader that the required quality certificate would be issued to the petitioner on or before 08.10.2018, after conducting proper inspection and thereafter if the petitioner choses to submit application for tender, the same would be accepted on or before 10.10.2018.

4.Learned counsel for the petitioner would agree on the submission made by the learned Special Government Pleader. 5.Considering the facts and circumstances of the case and having regard to the submissions made by the learned counsel on either side, this Court directs the respondents to issue quality certificate to the petitioner on or before 08.10.2018, after conducting due inspection and if the petitioner choses to submit application for tender, the respondents would accept the same on or before 10.10.2018.

6.With the above direction, this writ petition stands disposed of. Consequently, connected W.M.Ps are closed. No costs. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar To 1.The Superintending Engineer, Highways, NABARD and Rural Roads Circle, B-48, Alagesan Nagar, Chengalpattu 603 001.

2.The Divisional Engineer, (Highways), Quality Control Division, Guindy, Chennai-600 025.

W.P.No.26467 of 2018 and W.M.P. Nos.30759 and 30764 of 2018 skv(co) nr 29/10/2018 https://hcservices.ecourts.gov.in/hcservices/