K.Manikandan v. The Superintending Engineer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.12.2024

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P.(MD)No.24773 & 24774 of 2024 K.Manikandan ... Petitioner Vs.

1. The Superintending Engineer, Government of Tamil Nadu, Office of the Superintending Engineer, National Highways, Plot No. 53, Teachers Colony, Tuckerammalpuram, Tirunelveli.

2. The Divisional Engineer, National Highways, Government of Tamil Nadu, Tirunelveli District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus calling for the records relating to the Impugned E Tender Notice No. 05/HDO/NH/2024-2025 / dated 20.11.2024 of the 1st respondent, quash the same as illegal in so far as the condition no. 7 alone and consequently directing the respondents to accept the petitioner's tender without insisting the work site inspection certificate. 1/4

For Petitioner : Mr.C.Bharathi For Respondents : Mr.Veerakathiravan Additional Advocate General assisted by Mr.T.Amjad Khan Government Advocate

ORDER

Challenging the tender notice dated 20.11.2024, this writ petition is filed, since the work site inspection certificate is not issued to the petitioner.

2. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

3. Heard the learned counsel appearing for the petitioner, the learned Additional Advocate General counsel appearing for the respondents and carefully perused the entire materials available on record.

4. When the matter is taken up for hearing, the learned Additional Advocate General appearing for the respondents submitted that the petitioner has made an application for issuance of work site inspection certificate only 2/4

today morning (04.12.2024) and the same will be appreciated and work site inspection certificate will be issued tomorrow, ie., on 05.12.2024.

5. Recording the same, this writ petition is allowed. If the work site inspection certificate is not issued to the petitioner, he is at liberty to reopen this case. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

04.12.2024 NCC : Yes / No Index : Yes / No Sm Note: Issue order copy on 04.12.2024.

TO:-

1. The Superintending Engineer, Government of Tamil Nadu, Office of the Superintending Engineer, National Highways, Plot No. 53, Teachers Colony, Tuckerammalpuram, Tirunelveli.

2. The Divisional Engineer, National Highways, Government of Tamil Nadu, Tirunelveli District 3/4

L.VICTORIA GOWRI, J.

Sm Order made in Dated 04.12.2024 4/4