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2025 DAILYLAW 104483 (MAD)

SRI KRISHNA CONSTRUCTION v. THE SUPERINTENDING ENGINEER

WP/35900/2025 · 2025-09-17

M Dhandapani

Transfer Petitionbody2025

Judgment text

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W.P No.35900 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17.09.2025 CORAM: THE HONOURABLE MR. JUSTICE M.DHANDAPANI W.P Nos.35900, 35905, 35917 & 35922 of 2025 and W.M.P Nos.40153, 40156,40159, 40161, 40182, 40183, 40186 & 40187 of 2025 M/s.Sri Krishna Construction Rep.by its Partner K.Sampath 194, Pandra Well Street Athurai, Chetpet Thiruvannamalai-606 902. ...Petitioner in all the W.Ps Vs 1. The Superintending Engineer Highways, Construction and Maintenance Tiruvannamalai 2.The Divisional Engineer (H) Construction and Maintenance Tiruvannamalai. ..... Respondents in all the W.Ps PRAYER in W.P.No.35900 of 2025: This writ petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, forbearing the 1st respondent from opening the tender documents in respect of tender notice No.21/2025-2026/HDO dated 05.08.2025 of the 1st respondent herein in respect of the work of “Widening from Single Lane to Intermediate Lane and Strengthening at km 4/0-7/0 of Narayanamangalam Injimedu Road, https://www.mhc.tn.gov.in/judis W.P No.35900 of 2025 Reconstruction of culverts at km.6/2 and construction of protection works at Km.5/8, 5/10-TVM-42” in Cheyyar Division, without issuing the certificates to the petitioner and receiving the bids of the petitioner. PRAYER in W.P.No.35905 of 2025: This writ petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, forbearing the 1st respondent from opening the tender documents in respect of tender notice No.13/2025-2026/HDO dated 26.07.2025 of the 1st respondent herein in respect of the work of “Widening from Single Lane to Intermediate Lane and Strengthening at km 0/0-2/4 of Cheyyur Vandavasi Polur road to Arasur road including reconstruction of culverts at km.0/2(i), 0/2 (ii) 0/8 (i), 0/8(ii), 0/10(i), 0/10(ii), ½(i) ½ (ii), ¼, 1/6, 1/8(1), 1/8(ii), 2/2(i), 2/2(ii), 2/2(iii) – TVM – 18” in Cheyyur Division without issuing the certificates to the petitioner and receiving the bids of the petitioner. PRAYER in W.P.No.35917 of 2025: This writ petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, forbearing the 1st respondent from opening the tender documents in respect of tender notice No.26/2025-2026/HDO dated 11.08.2025 of the 1st respondent herein in respect of the work of “Strengthening at km 0/0- 6/0 of Athurai – Pernambakkam Road including reconstruction of culvert at k/m 0/2, 0/8, ¾, 3/6, 4/2, 4/8, 5/4 – TVM- 64” without issuing the certificates to the petitioner and receiving the bids of the petitioner. PRAYER in W.P.No.35922 of 2025: This writ petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, forbearing the 1st respondent from opening the tender documents in respect of tender notice No.23/2025-2026/HDO dated 07.08.2025 of the 1st respondent herein in respect of the work of “providing junction improvement (T-Junction) at Km 5/2 of Thellar Mazhiyur Road – TVM – 49” in Cheyyar Division, without issuing the https://www.mhc.tn.gov.in/judis W.P No.35900 of 2025 certificates to the petitioner and receiving the bids of the petitioner. In all the writ petitions For Petitioner : Mrs.A.L.Ganthimathi, Senior Counsel for Mr.L.Palani Muthu For Respondents : Mr.P.Kumaresan Additional Advocate General Assisted by Mrs.S.Anitha Special Government Pleader C O M M O N O R D E R These four writ petitions have been filed, to issue a Writ of Mandamus forbearing the 1st respondent from opening the tender documents in respect of tender notices dated 05.08.2025, 26.07.2025, 11.08.2025 and 07.08.2025 of the 1st respondent herein in respect of the work of Widening from Single Lane to Intermediate Lane and Strengthening, reconstruction of culvert and providing junction improvement, without issuing the certificates to the petitioner and receiving the bids of the petitioner. 2. The learned Senior Counsel appearing for the petitioner would submit that though the petitioner has sought for a larger prayer in these writ petitions, this Court may be pleased to issue a direction to the respondents to issue the Work Site Inspection Certificate and working condition of the Plants and https://www.mhc.tn.gov.in/judis W.P No.35900 of 2025 Machineries Certificate within a reasonable time as fixed by this Court. 3. The learned Additional Advocate General appearing for the respondents would submit that the last date for applying to the tender had already closed yesterday and the tender was opened today. However, the certificates will be issued to the petitioner not for the present tenders, but for the future tenders. 4. In view of the above submissions, all these writ petitions are disposed of with a direction to the respondents to issue the Work Site Inspection Certificate and working condition of the Plants and Machineries Certificate as sought by the petitioner, by considering its representation dated 13.09.2025. Consequently, connected miscellaneous petitions are closed. 17.09.2025 Index : Yes/No Neutral citation : Yes/No Speaking/non-speaking order uma https://www.mhc.tn.gov.in/judis W.P No.35900 of 2025 To 1. The Superintending Engineer Highways, Construction and Maintenance Tiruvannamalai 2.The Divisional Engineer (H) Construction and Maintenance Tiruvannamalai. M.DHANDAPANI, J. uma https://www.mhc.tn.gov.in/judis W.P No.35900 of 2025 W.P Nos.35900, 35905, 35917 & 35922 of 2025 and W.M.P Nos.40153, 40156,40159, 40161, 40182, 40183, 40186 & 40187 of 2025 17.09.2025 https://www.mhc.tn.gov.in/judis