Krn And Co, v. The Superintending Engineer (Highways)
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.10.2025
CORAM:
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P(MD)No.27570 of 2025 and WMP(MD)Nos.21465 & 21467 of 2025 KRN and Co., No.663, Trichy Pudukkottai Main Road, Muthudaiyanpatti, Vellanur Post, Kulathur Taluk, Pudukkttai District, Rep. by its Managing Partner, K.R.N.Ramesh ... Petitioner Vs.
1.The Superintending Engineer(Highways), Construction and Maintenance, Trichy.
2.The Divisional Engineer(Highways), Construction and Maintenance, Pudukkottai Division, Pudukkottai District.
3.The Divisional Engineer(Highways), Construction and Maintenance, Aranthangi Division, Pudukkottai District.
.. Respondents 1/7
PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the 2nd respondent to issue the Work Site Inspection and Working Condition of Plants and Machineries certificate to the petitioner to enable him to participate in the Tender Notice Number 20/2025-26/HDO dated 19.08.2025 for the works covered in Sl.No.2 (package no.TRY-45) and the 3rd respondent for the works covered in the Sl.No.3(package no TRY-46), Sl.No.4(package No.
47) and Sl.No.5(package no.TRY-48) issued by the 1st respondent and in the alternate to direct the 1st respondent to accept the tender documents to be uploaded by the petitioner without insisting for the production of Work Site Inspection Certificate and Working condition of Plants and Machineries Certificate for the above said works. For Petitioner : Mr.P.Ganapathi Subramanian For Respondents : Mr.Veera Kathiravan Additional Advocate General-II, assisted by Mr.S.Vinoth Government Pleader
O R D E R
The petitioner has filed the present Writ Petition seeking a direction to the second respondent to issue the Work Site Inspection and Working 2/7
Condition of Plants and Machineries certificate to the petitioner to enable him to participate in the Tender Notice Number 20/2025-26/HDO dated 19.08.2025 for the works covered in Sl.No.2 (package no.TRY-45) and the 3rd respondent for the works covered in the Sl.No.3(package no TRY-46), Sl.No.4(package No.47) and Sl.No.5(package no.TRY-48) issued by the 1st respondent and in the alternate to direct the 1st respondent to accept the tender documents to be uploaded by the petitioner without insisting for the production of Work Site Inspection Certificate and Working condition of Plants and Machineries Certificate for the above said works.
2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.
3. According to the petitioner, he is a Class-I Contractor carrying out various kinds of buildings, roads and construction works in different Government Departments. While so, the first respondent, by notice dated 19.08.2025, invited applications from eligible contractors for carrying out various road works with the funds provided by the Central Government. 3/7
As per the tender notification, tenderers are required to obtain a certificate from the Divisional Engineer regarding work site inspection and the working condition of plant and machineries.
4.Further, according to the petitioner, in order to participate in the said tender, he submitted an application before the second respondent on 20.09.2025 requesting the issuance of the Work Site Inspection Certificate and Working Condition of Plants and Machineries Certificate. Despite repeated requests, the second respondent failed to issue the certificates. Since the certificate was not issued, the petitioner is not able to participate in the tender. Hence, the petitioner has filed the present Writ Petition.
5. When the matter is taken up for hearing today, the learned Additional Advocate General appearing for the respondents submitted that in the present case, the petitioner should submit the application requesting the issuance of the Work Site Inspection Certificate and Working Condition of Plants and Machineries Certificate to the Divisional Engineer (H)C&M concerned on or before 22.09.2025 upto 17.45 hours 4/7
and the last date for receipt of the said application is 26.09.2025 upto 17.45 hours. However, the petitioner approached this Court only on 30.09.2025 and the prayer sought for is not sustainable one. Hence, prays for dismissal of this petition.
6. In view of the aforesaid submissions, since the petitioner approached this Court with the above said prayer after the last date for submission of the application, the prayer sought for in this writ petition is not maintainable.3 Hence, there is no necessity for further orders. Accordingly, this Writ Petition is dismissed. No costs. Consequently, connected Miscellaneous Petitions are closed. 03.10.2025 NCC : Yes / No Internet : Yes PJL To 1.The Superintending Engineer(Highways), Construction and Maintenance, Trichy.
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2.The Divisional Engineer(Highways), Construction and Maintenance, Pudukkottai Division, Pudukkottai District.
3.The Divisional Engineer(Highways), Construction and Maintenance, Aranthangi Division, Pudukkottai District.
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M.DHANDAPANI ,J.
PJL ORDER MADE IN W.P(MD)No.27570 of 2025 DATED : 03.10.2025 7/7