Madras High CourtWP(MD)/19189/2025disposed of

M/S. Kcp Infra Limited v. The Chief Engineer

2025-07-14Honourable Mr Justice C. Saravanan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE C.SARAVANAN and W.M.P.(MD) No.14732 of 2025 M/s. KCP Infra Limited, rep. by its Director K.Muthukumarasamy. ... Petitioner Vs

1. The Chief Engineer, TWAD Board, Madurai.

2. The Executive Engineer, TWAD Board, Project Division, Virudhunagar.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents to issue "Site Visit Certificate" to the petitioner as per the application of the petitioner, dated 08.07.2025 in order to submit his bids through online on or before 16.07.2025 up to 3.00 PM in respect of Tender Notice Tender Notification in IFB No.4 to 5/F.Revamping CWSS/DOI/CW/2025, dated 07.06.2025 on the file of the first 1/6

respondent for the work viz., Replacement of Vulnerable Reach of Existing 600 mm, 500 mm and 350 mm PSC Pipes, 250 mm, 200 mm and 150 mm AC Pipes under CWSS to 239 Coastal Habitations in Thoothukudi District and Virudhunagar, Aruppukottai Municipalities, Kariapatti & Mallankinaru Town Panchayats including 67 rural habitations in Virudhunagar District. For petitioner : Mr.S.Doraiswamy For respondents : Mr.B.Vijayakarthikeyan Standing Counsel *****

ORDER

This Writ Petition is disposed of at the time of admission with the consent of the learned counsel for the petitioner and learned Standing Counsel for the respondents.

2. The petitioner is before this Court in connection with the tender notification, dated 07.06.2025 floated by the first respondent for replacement of vulnerable reach of existing 600 mm, 500 mm and 350 mm PSC Pipes, 250 mm, 200 mm and 150 mm AC Pipes under CWSS to 239 Coastal Habitations in Thoothukudi District and Virudhunagar, Aruppukottai Municipalities, Kariapatti 2/6

& Mallankinaru Town Panchayats including 67 rural habitations in Virudhunagar District.

3. Para 5 of the tender documents deals with the Site Visit, prescribing the procedure for obtaining a Site Visit Certificate.

4. It is the case of the petitioner that the second respondent is not issuing the Site Visit Certificate to the petitioner.

5. On the other hand, the learned Standing Counsel for the respondents submits that the respondents, as the tender-inviting Authority, has to facilitate the Site Visit for the bidders on 30.06.2025 at 11.00 a.m. to enable the bidders to have an understanding of the site conditions and to clarify any issues relating to the site conditions in the pre-bid meeting.

6. It is submitted that the Site Visit Certificate has to be obtained from the second respondent, which has to be uploaded along with the bid documents, after visiting the project site. However, the petitioner has not uploaded the Site Visit 3/6

Certificate along with the bid documents and thus, the petitioner is not entitled to participate in the bid process.

7. It is submitted that the last date for uploading the bid is 16.07.2025 and since the petitioner has not made a site visit on 30.06.2025, there is no question of issuance of the Site Visit Certificate to the petitioner.

8. I have considered the arguments advanced by the learned counsel for the petitioner and learned Standing Counsel for the respondents.

9. With the consent of the learned counsel for the petitioner and learned Standing Counsel for the respondents, this Writ Petition is disposed of by directing the respondents to issue the Site Visit Certificate to the petitioner provided that the petitioner visits the site in the presence of the second respondent tomorrow i.e., 15.07.2025 at 10.00 a.m. If the petitioner visits the site tomorrow, the Site Visit Certificate shall be issued to the petitioner for the petitioner to make the bid later, by 16.07.2025, being the last date prescribed for making the bid.

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10. This Writ Petition is disposed of, with the above observations. No costs. Consequently, connected miscellaneous petition is closed. Index : Yes / No 14.07.2025 Internet : Yes / No apd Note: Issue on 14.07.2025.

1. The Chief Engineer, TWAD Board, Madurai.

2. The Executive Engineer, TWAD Board, Project Division, Virudhunagar.

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C.SARAVANAN, J.

apd 14.07.2025 6/6