Udhaya Constructions 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.22144 and 22146 of 2024 Udhaya Constructions rep., by its Managing Partner L.Rajapandiyan ... 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 Mandamus, to direct the second respondent to issue the work site certificate to participate in SL.4(Special Repairs in Govt roads in respect of Keeranur (H) C&M, Sub Division.(TRY-116), Sl.5(Special Repairs in Govt Roads in respect of Thirumayam (H) C &M, Sub Division, (TRY-117) and S.6(Special Repairs in Govt roads in respect of Keeraur (H) C &M, Sub Division.(TRY-118) of the Tender Notice No.46/2024-2025/HDO, dated 10.10.2024. 1/4
For Petitioner : Mr.P.Ganapathi Subramanian For Respondents : Mr.Veera.Kathiravan Additional Advocate General III assisted by Mr.A.Kannan Additional Government Pleader O RDER This writ petition has been filed seeking for a writ of mandamus directing the second respondent to issue the work site certificate to participate in Sl.4 (Special Repairs in Govt roads in respect of Keeranur (H) C& M, Sub Division. (TRY-116), Sl.5 (Special Repairs in Govt Roads in respect of Thirumayam (H) C & M, Sub Division, (TRY-117) and S.6 (Special Repairs in Govt roads in respect of Keeraur (H) C & M, Sub Division. (TRY-118) of the Tender Notice No. 46/2024-2025/HDO, dated 10.10.2024.
2. It is the case of the petitioner that he is the Class I Contractor and 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 2/4
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.
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.
4. 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.
5. 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 3/4
N.SATHISH KUMAR , J.
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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