R.Muthukumar v. The Superintending Engineer (H)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.10.2024

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR and W.M.P(MD).Nos.22054, 22055 and 22057 of 2024 R.Muthukumar ... Petitioner Vs., 1.The Superintending Engineer (H), Construction and Maintenance Circle, Trichy.

2.The Divisional Engineer, Highways Department (C&M), Pudukkottai.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari, to call for the entire records relating to the impugned tender notice No.46/2024-2025/HDO, dated 10.10.2024 issued by the first respondent and quash the same as illegal and arbitrary.

For Petitioner : Mr.P.Ganapathi Subramanian For Respondents : Mr.Veera.Kathiravan Additional Advocate General III assisted by Mr.A.Kannan Additional Government Pleader 1/4

O RDER Challenge has been made to the impugned tender notice No. 46/2024-2025/HDO, dated 10.10.2024 issued by the first respondent.

2. It is the case of the petitioner that the first respondent issued tender notice No.46/2024-2025/HDO, dated 10.10.2024 inviting applications from the eligible contractors for the tender process to be held on 05.11.2024. The petitioner intended to participate in the said tender, for which, he have to obtain Work Site Certificate from the second respondent. In this regard, he approached the second respondent for getting the said certificate. But, the second respondent has not considered the same. Thereafter, the petitioner came to know that the respondents selected the contractors of their choice. Hence, the petitioner is before this Court challenging the said tender notice.

3. When the matter came up for hearing, the learned Additional Advocate General would submit that the work site inspection was fixed on 01.11.2024 and the petitioner may attend the inspection, if desired. After conducting site inspection, certificate will be issued.

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3. In such view of the matter, the petitioner is directed to be present during the site inspection. After conducting site inspection, the respondents shall issue necessary certificate to the petitioner as per law.

4. Accordingly, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed. 30.10.2024 NCC : Yes/No Index : Yes/No Rmk To 1.The Superintending Engineer (H), Construction and Maintenance Circle, Trichy.

2.The Divisional Engineer, Highways Department (C&M), Pudukkottai.

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N.SATHISH KUMAR , J.

Rmk 30.10.2024 4/4