M/S.S.S.And Co, v. The Superintending Engineer (Nh)
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.12.2025
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR M/s.S.S & Co., Rep. by its Managing Partner, Mr.B.Subamanian, No.28/6, Chithambaranathapuram 1st Street, Devakottai, Sivagangai District.
... Petitioner Vs.
1.The Superintending Engineer (NH), National Highways, Madurai Circle, Madurai-02.
2.The Divisional Engineer (NH), National Highways, Madurai.
... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 2nd respondent to forthwith issue the Work Site Inspection Certificate and Working Condition of Plant and Machinery Certificate to the petitioner, based on the application dated 08.12.2025, enabling the petitioner to submit the tender bid as per the Tender Notification issued by the 1st 1/7
respondent vide Tender Notice No.15/2025-26/HDO/NH, dated 02.12.2025 for the Job.No.TN-CRIF-2025-26-TRY-43 and thus render justice.
For Petitioner : Mr.H.Lakshmishankar for Mr.A.Mohan For Respondents : Mr.B.Saravanan, Addl. Govt. Pleader
ORDER
The present writ petition has been filed seeking a mandamus directing the second respondent to forthwith issue the Work Site Inspection Certificate and the Working Condition of Plant and Machinery Certificate to the petitioner based upon his application dated 08.12.2025.
2. The learned Additional Government Pleader appearing for the respondents submits that as far as the constitution of the petitioner firm is concerned, the same is in dispute in view of the fact that two minors are admitted as partners. Questioning the same, already a show cause notice has been issued to the petitioner firm. Challenging the show 2/7
cause notice, the petitioner has preferred W.P.(MD)No.33193 of 2025 and an order of interim stay has been granted.
3. According to the learned Additional Government Pleader, when the validity of the constitution of the firm is under dispute, the question of issuing the work site inspection certificate or any other certificate as requested by the petitioner would not arise.
4. However, the learned counsel appearing for the petitioner submits that he may be issued with a relevant certificate to enable him to submit his bid form.
5. In view of the above facts, the petitioner is permitted to approach the concerned authorities today itself along with all the relevant records and on satisfaction, the authorities are directed to issue the relevant certificates. It is made clear that issuance of the certificates would not in any way decide the validity of the constitution of the petitioner firm.
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6. With the said observations, the Writ Petition stands disposed of. No costs 19.12.2025 NCC :
Yes / No Index :
Yes / No Internet :
Yes / No vsm Note: Issue order copy on 19.12.2025.
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To 1.The Superintending Engineer (NH), National Highways, Madurai Circle, Madurai-02.
2.The Divisional Engineer (NH), National Highways, Madurai.
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R.
VIJAYAKUMAR ,J.
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