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Madras High CourtWP(MD)/34550/2025allowed

V Best Engineers v. The Chief Engineer

2025-11-27Honourable Ms. Justice P.T. Asha5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.11.2025

CORAM

THE HONOURABLE MS.JUSTICE P.T.ASHA Writ Petition(MD)No.34550 of 2025 and W.M.P(MD).Nos.27332 and 27333 of 2025 V. Best Engineers, rep., by its Managing Partner Vignesh .. Petitioner Vs 1.The Chief Engineer, Public Works Department, Trichy Region, Trichy 620 001.

2.The Superintending Engineer, Public Works Department, Buildings (C&M) Circle, Trichy 620 001.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari calling for the records relating to the impugned E-Tender Notification in Tender Notice No.36SE/Buildings (C&M) Circle/ Trichy/ 2025-26 dated 18.11.2025 issued by the second respondent, quash the same as illegal.

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For Petitioner : Mr.B.Prasanna Vinoth For Respondents : Mr.D.Sasikumar Additional Government Pleader

ORDER

This writ petition has been filed to quash the impugned E-Tender Notification in Tender Notice No.36SE/Buildings (C&M) Circle/ Trichy/ 2025-26, dated 18.11.2025, issued by the second respondent.

2. By consent, this writ petition is taken up for final disposal at the admission stage itself.

3. It is the case of the petitioner that the second respondent has issued the impugned E-Tender Notification on 18.11.2025 and published on 25.11.2025 for the work of providing LED Street Light arrangement to Thuraiyur Bypass (Phase II) Road at Thuraiyur Taluk in Trichy District(Second Call), wherein it has been stated that the tender documents were submitted through online from 21.11.2025 to 27.11.2025 upto 03.00 pm., the last date and time for submission of tender documents through online 27.11.2025 upto 03.00 pm., and the date and time of opening the E-Tender on 28.11.2025 at about 03.30 p.m. In the said tender notification, a new condition has also been stated that the site visit 2/5

certificate should have been 4 days prior to submission of application, which, according to the petitioner, is invalid and in consonance with Tender Transparency Act. Hence, he seeks to quash the said tender notification.

4. Heard the learned counsel on either side and perused the materials available on record.

5. The above writ petition is to challenge the impugned E-Tender Notification in Tender Notice No. 36SE/ Buildings (C&M) Circle/ Trichy / 2025-2026, dated 18.11.2025, issued by the second respondent on the ground that it does not confirm to the provisions of the Tamil Nadu Transparency in Tenders Act, 1998 as well as the Tamil Nadu Transparency in Tenders Rules, 2000. As per the impugned tender notice, tender had been issued on 18.11.2025. The tender documents were supplied from 21.11.2025 and the last date for submission of tender document was 27.11.2025 and the date of opening the tender was 28.11.2025. This is totally violative of the provisions of 20(1) (a) of the Tamil Nadu Transparency Tenders Act, which states that for tenders of value of Rs.10 crores, the minimum time allowed between the date of publication of the Notice inviting tenders in the relevant tender bulletin or in newspaper whichever is later and the last date for submission of tenders should 3/5

be 15 days. In the instant case, the time between the two is only 4 days. Therefore, the tender is squarely in violation of the provisions of the Tamil Nadu Transparency Tenders Act. Accordingly, the impugned E-Tender Notification in Tender Notice No.36SE/ Buildings (C&M) Circle/ Trichy/ 2025-2026, dated 18.11.2025, is hereby quashed and this Writ Petition is allowed. No costs. Consequently, connected Miscellaneous Petitions are closed.

27.11.2025 NCC : Yes/No Index : Yes/No Internet:Yes Rmk To 1.The Chief Engineer, Public Works Department, Trichy Region, Trichy 620 001.

2.The Superintending Engineer, Public Works Department, Buildings (C&M) Circle, Trichy 620 001.

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P.T.ASHA, J.

Rmk Writ Petition(MD)No.34550 of 2022 27.11.2025 5/5