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2025 Supreme(Mad) 4603
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
C. SARAVANAN, J.
A. Pandian - Appellant
Versus
The Secretary, Public Works Department, Chennai - Respondent
W.P. (MD) Nos. 15667, 15668 of 2025, W.M.P. (MD) Nos. 11900, 11901 of 2025
Decided On : 10-06-2025
Advocate Appeared:
For the Appellant : K. Muraleedharan
For the Respondent: D. Ghandiraj
Procedural compliance must not hinder fair participation in tender processes, provided genuine efforts are made by applicants.
Headnote:(A) Tamil Nadu Tender Transparency Act, 2020 - Procedure for tender participation - Respondent was required to issue a Spot Verification Certificate to the petitioner to facilitate participation in tender for rehabilitation works. Petitioner had made representation but faced refusal to accept application for the certificate. Denial of the certificate was deemed improper as the petitioner made genuine efforts to comply with requirements outlined in the tender document. (Paras 3, 10, 11)
(B) Legal principles - Tender applicants must be given fair opportunity to participate; denial based on procedural formalities is impermissible if genuine attempts are made to comply. (Paras 10, 11)
(C)
Findings of Court:
The Spot Verification Certificate is essential for bid submission, and its issuance should not impede the petitioner’s participation in the tender process. (Paras 10, 11)
Issues: Whether the petitioner was entitled to a Spot Verification Certificate to participate in the tender process after making due representation.
Ratio Decidendi: The court emphasized that procedural compliance should not serve as a barrier to participation where an applicant has made reasonable efforts to meet requirements. The importance of the Spot Verification Certificate was highlighted in the context of fair tendering practices.
Result: Direction issued to respondents to issue Spot Verification Certificate to the petitioner by tomorrow.
| Table of Content |
|---|
| 1. petitioner seeks spot verification certificate (Para 1 , 2 , 3) |
| 2. arguments about issuance of the certificate (Para 4 , 5 , 6 , 7 , 8) |
| 3. court's reasoning for granting certificate (Para 9 , 10) |
| 4. direction for issuance of certificate and disposal of petitions (Para 11 , 12 , 13) |
ORDER :
1. By this common order, both Writ Petitions are disposed of at the time of admission after hearing the learned counsel for the petitioner and learned Special Government Pleader for the respondents.
2. The petitioner is before this Court for the following reliefs:
| W.P. (MD) No. 15667 of 2025 | W.P. (MD) No. 15668 of 2025 |
| To direct the third respondent to issue the petitioner’s spot Inspection Certificate by considering the petitioner’s representation, dated 04.06.2025 in respect of two works rehabilitation of Kalayiyarkurichi Tank in Kalayarkurichi Village of Virudhunagar Taluk in Virudhunagar District and rehabilitation of Thiruththangal Tank in Thiruththangal Village of Sivakasi Taluk in Virudhunagar District and also permit the petitioner to participate in the tender issued by the second respondent in Ref.No.2/VBC/C.TN/25-26 dated 13.05.2025. | To direct the third respondent to issue the petitioner’s spot Inspection Certificate by considering the petitioner’s representation, dated 04.06.2025 in respect of two works rehabilitation of Vidathaikulam Tank in Vidathaikulam Village of Thiruchuli Taluk in Virudhunagar District and rehabilitation of Narikudi Tank in Narikudi village of Thiruchuli Taluk in Virudhunagar District and also permit the petitioner to participate in the tender issued by the second respondent in Ref.No.2/VBC/C.TN/25-26 dated 06.05.2025. |
3. It is the case of the petitioner that Spot Verification Certificate, which was to be issued by the third respondent/Executive Engineer, has not been issued to the petitioner, despite the petitioner having visited the site.
4. On the other hand, the learned Special Government Pleader for the respondents would submit that the petitioner has to make an application before the third respondent before the due date by 22.05.2025, along with bid.
5. It is submitted that the Spot Verification Certificate has to be obtained by 02.06.2025. It is submitted that till date, the petitioner has not either made an application for Spot Verification Certificate in the prescribed manner nor obtained such Spot Verification Certificate and therefore, the petitioner is not entitled to make bid in the respective tender, last date of which expire on 12.06.2025 and 11.06.2025 respectively, in the respective Writ Petitions.
6. It is submitted that the procedures have been prescribed in the tender documents, however, the petitioner failed to obtain such Certificate. It is submitted that mere visit by the petitioner of the site is not sufficient.
7. On the other hand, the learned counsel for the petitioner would submit that the petitioner has visited the site and sent an application and the same was refused to be received by the third respondent and hence, the petitioner has rushed to this Court.
8. It is submitted that no prejudice will be caused to the respondents even if such Certificate is issued to the petitioner today or tomorrow or day after tomorrow i.e., 10.06.2025 or 11.06.2025 or 12.06.2025, after the last date of submitting the bid expires of the respective tender notifications, dated 13.05.2025 and 06.05.2025, respectively.
9. I have considered the learned counsel for the petitioner and the learned Special Government Pleader for the respondents.
10. The issuance of the Spot Verification Certificate to the petitioner cannot be denied as the petitioner has made an attempt by giving representation to the third respondent after making spot verification as per the procedure prescribed in the tender document. Hence, the petitioner should not be shut out from participating the tender, last date of which expire on 12.06.2025 (day after tomorrow) and 11.06.2025 (tomorrow), respectively. The procedures are meant on
