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2025 DAILYLAW 112581 (MAD)

M/S. ABITHA CONSTRUCTION v. THE SUPERINTENDING ENGINEER

WP/38502/2025 · 2025-10-09

M Dhandapani

Transfer Petitionbody2025

Judgment text

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WP No. 38502 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09-10-2025 CORAM THE HONOURABLE MR JUSTICE M.DHANDAPANI WP No. 38502 of 2025 and W.M.P.Nos.43034 & 43039 of 2025 1. M/s. Abitha Construction Rep. By Its Partner, No.2, Pillaiyar Kovil Street, Valakuuravanpattai, Valathi Post, 604 206, Melmalayanur Taluk, Villupuram District. Petitioner(s) Vs 1. The Superintending Engineer (highways), Construction And Maintenance, Villupuram Circle, Villupuram. 2.The Divisional Engineer (highways) Construction And Maintenance, Villupuram Respondent(s) PRAYER : Petition filed under Article 226 of Constitution of India forbearing the 1st respondent from opening the tender documents in respect of tender notice No.28/2025-2026/HDO dated 25.08.2025 of the 1st respondent herein in respect of the work of widening from Intermediate lane to Two Lane and Strengthening at Km 15/7-17/7 of Soorapattu Ottampattu (via) Athiyur Anandapuram road (MD-807) including Reconstruction of box culvert at Km 1/6 https://www.mhc.tn.gov.in/judis WP No. 38502 of 2025 16/2, 16/8, 17/4 (VPM-068) without issuing the certificates to the petitioner and receiving the bids of the petitioner. For Petitioner(s): Mr.L. Palani Muthu For Respondent: Mrs.S.Anitha, Special Government Pleader ORDER This Writ Petition has been filed forbearing the 1 st respondent from opening the tender documents in respect of tender notice dated 25.08.2025 issued by the 1 st respondent without issuing the work site inspection certificate and working condition of the plants and machineries certificate to the petitioner. 2.Ms.Anitha, learned Special Government Pleader takes notice on behalf of respondents. 3.It is the case of the petitioner that as per the tender notification dated 25.08.2025 called for by the 1 st respondent, the tenderers shall have to submit their applications to the 4 th respondent on or before 09.10.2025 upto 17.45 hrs for issuance of Inspection Certificate and working condition of the Plants and Machineries Certificate by the 4 th respondent and the last date for receipt of said certificates is on or before 15.10.2025 upto 12.00 hrs. Since, the aforesaid 2/6 https://www.mhc.tn.gov.in/judis WP No. 38502 of 2025 certificates were not issued, the petitioner had approached the 2 nd respondent for issuance of aforesaid certificates by way of representation dated 30.09.2025. Since, the same did not evoke any response, in order to espouse the said cause, the petitioner has come up with the present Writ Petition. 4. Learned counsel for the petitioner submits that if the respondent fails to issue the work site inspection certificate and working condition of the plants & machineries certificate on or before the stipulated time (i.e.,15.10.2025 upto 12.00 hrs) as per the tender notification issued by the 1 st respondent, grave prejudice will be caused to the petitioner as it would result in rejection of their application. Therefore, this Court may issue a direction to the 2 nd respondent to issue the aforesaid certificates to the petitioner within the prescribed time in reference to the above tender notification. 5. Learned Additional Government Pleader appearing for the respondents submitted that the work site inspection certificate as well as the working condition of the plants & machineries certificates will be issued to the petitioner. 3/6 https://www.mhc.tn.gov.in/judis WP No. 38502 of 2025 6. Recording the aforesaid submission of the learned Additional Government Pleader, the 2 nd respondent is directed to issue the required certificates to the petitioner, in reference to the tender notification on or before 5 p.m on 11.10.2025. 7. This Writ Petition stands disposed of with the aforesaid direction. There shall be no order as to costs. Consequently, the connected Miscellaneous Petitions are closed. 09.10.2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No Nhs Note to Office : Issue order copy on 10.10.2025 4/6 https://www.mhc.tn.gov.in/judis WP No. 38502 of 2025 To 1.The Superintending Engineer (highways), Construction And Maintenance, Villupuram Circle, Villupuram. 2.The Divisional Engineer (highways) Construction And Maintenance, Villupuram 5/6 https://www.mhc.tn.gov.in/judis WP No. 38502 of 2025 M.DHANDAPANI J. Nhs WP No. 38502 of 2025 and W.M.P.Nos.43034 & 43039 of 2025 09-10-2025 6/6 https://www.mhc.tn.gov.in/judis