M/S. Megala Construction v. The Superintending Engineer (Highways Department)
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.10.2025
CORAM:
THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P(MD) Nos.21489 & 21491 of 2025 M/s.Megala Construction, Represented by Managing Partner, P.V.Mathivanan, Having Office at, No.74, Neerpalani Post, Viralimalai Taluk, Pudukkottai District.
... Petitioner Vs.
1.The Superintending Engineer (Highways Department), NABARD and Rural Road, Thiruchirappalli.
2.The Divisional Engineer (Highways Department), NABARD and Rural Road, Pudukkottai.
... Respondents P RAYER:
Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct direct the second respondent to issue the Work Site Visit Certificate and working condition of Plants and Machineries Certificate to the petitioner to participate in Sl.No.1 Upgradation of Panchayat Union/Panchayat Roads to other District roads in respect of Pudukkottai (H), NABARD and Rural Roads Division (TRY 62), Sl. No.2 Upgradation of Panchayat Union/ Panchayat 1/6
Roads to other District roads in respect of Pudukkottai (H), NABARD and Rural Roads Division (TRY 63) and Sl.No.5 Upgradation of Panchayat Union/ Panchayat Roads to other District roads in respect of Pudukkottai (H), NABARD and Rural Roads Division (TRY 66) of the Tender Notice Number 32/2025-2026/SDO dated 15.09.2025 issued by the first respondent.
For Petitioner : Mr.P.Ganapathi Subramanian For Respondents : Mr.Veera Kathiravan Additional Advocate General Assisted by Mr.A.Baskaran Additional Government Pleader
ORDER
The petitioner has filed the present Writ Petition seeking a direction to the second respondent to issue the Work Site Inspection Certificate and Working Condition of Plants and Machineries Certificate to enable him to participate in Sl.No.1 Upgradation of Panchayat Union/Panchayat Roads to other District roads in respect of Pudukkottai (H), NABARD and Rural Roads Division (TRY 62), Sl. No.2 Upgradation of Panchayat Union/ Panchayat Roads to other District roads in respect of Pudukkottai (H), NABARD and Rural Roads Division (TRY 63) and Sl.No.5 Upgradation of Panchayat Union/ Panchayat Roads to other District roads in respect of Pudukkottai (H), NABARD 2/6
and Rural Roads Division (TRY 66) of the Tender Notice Number 32/2025-2026/SDO dated 15.09.2025 issued by the first respondent.
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 15.09.2025, invited applications from eligible contractors for carrying out various road works. 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 25.09.2025 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. Hence, the petitioner has filed the present Writ Petition. 3/6
5. The learned counsel appearing for the petitioner submitted that the respondents ought not to have deprived the petitioner of his valuable right to participate in the tender process, which is protected under Article 19(1)(g) of the Constitution of India.
6. When the matter is taken up for hearing today, the learned Additional Advocate General appearing for the respondents submitted that the second respondent has passed an order dated 03.10.2025, rejecting the petitioner's request.
7. At this juncture, the learned counsel appearing for the petitioner seeks liberty to challenge the said order in accordance with law.
8. In view of the abovesaid submissions, this Writ Petition is dismissed with liberty to the petitioner to challenge the rejection order passed by the second respondent, dated 03.10.2025, in the manner known to law. No costs. Consequently, connected Miscellaneous Petitions are closed.
03.10.2025 Index : Yes / No NCC : Yes / No 4/6
To 1.The Superintending Engineer (Highways Department), NABARD and Rural Road, Thiruchirappalli.
2.The Divisional Engineer (Highways Department), NABARD and Rural Road, Pudukkottai.
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M.DHANDAPANI, J.
ps 03.10.2025 6/6