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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
R.VIJAYAKUMAR, J.
M/s. Megala Construction, Represented by Managing Partner, M. Vetriselvan – Petitioner
Versus
The Superintending Engineer, (Highways), (Construction and Maintenance) Circle, Thiruchirappalli – Respondent
W.P.(MD)Nos.29451 to 29453 and 30377 of 2025 and W.M.P(MD)Nos.22775 to 22777, 22779, 22773, 22787 to 22790, 23563 and 23561 of 2025
Decided On : 08-01-2026
| Table of Content |
|---|
| 1. challenging tender rejection based on certificate issues. (Para 2 , 3 , 4 , 5 , 6 , 7) |
| 2. allegations of procedural irregularity by authorities. (Para 14 , 15 , 16 , 17) |
| 3. respondents asserting valid proof of ownership needed. (Para 18 , 19 , 20 , 21) |
| 4. court evaluates the proof of ownership requirement. (Para 24 , 25 , 26 , 27 , 28) |
| 5. certificates not satisfied; bids rejected. (Para 32 , 33) |
| 6. writ petitions dismissed. (Para 35 , 36) |
ORDER :
R.VIJAYAKUMAR, J.
These writ petitions have been filed by one M/s.Megala Construction challenging the rejection of their request for issuance of certificate for participation in the tender process and the consequential orders passed in two sets of tender notification rejecting the bids submitted by the petitioner's firm.
2. The facts leading to the filing of these writ petitions are as follows:-
The petitioner's firm is a Class-1 Contractor registered in various Government Departments. According to them, they are having necessary man power and machineries to carry out the execution of works and they are having unblemished record of 35 years of experience in the construction field.
3. The Superintending Engineer, (Highways), (Construction and Maintenance), Circle, Tiruchirappalli, had issued two tender notifications on 02.09.2025 and on 03.09.2025 in tender notice No.31/2025-2026/HDO and tender notice No.32/2025-2026/HDO, respectively.
4. As per the tender notice No.31 dated 02.09.2025, bids were called for through online for 13 works namely, TRY 64 to TRY 76. As per the original tender notice, for tender notification No.31, the tender documents will be available from 09.09.2025 and bids have to be submitted through online upto 29.09.2025 and they will be opened electronically on 29.09.2025 at about 12.30 hours. It was further informed that the tenderer should inspect the site of the proposed work and working conditions of the plants and machineries certificate should be obtained from the concerned Divisional Engineer(Highways) (Construction and Maintenance) and upload in the “work site inspection and plants and machineries certificate folder” in the portal, failing which the bids shall be summarily rejected.
5. The Tenderers were further informed that they should submit their application seeking certificate on or before 22.09.2025 at about 17.45 hours and the last date for issuance of such certificate was fixed on 26.09.2025 upto 17.45 hrs. It was further informed that any application for certificate received after 22.09.2025 at about 17.45 hrs will not be accepted.
6. As far as the tender notification No.32 is concerned, it is dated 03.09.2025. It was issued for TRY 77 to TRY 83. The last date for submission of the bid through online was fixed at 29.09.2025. The certificates have to be applied for on or before 22.09.2025 and the last date for issuance of the such certificate was fixed on 26.09.2025.
7. As far as the tender notification No.32 is concerned, the last date was extended upto 07.10.2025. The petitioner's firm had submitted their application for issuance of work site inspection certificate and working condition of plants and machineries certificate on 18.09.2025 for issuance of site inspection as well as the working condition of plants and machineries certificate for TRY 64 under tender notice No.31 and TRY 79 for tender notice No.32. The petitioner's firm had filed W.P.(MD)No.27566 of 2025 seeking a mandamus to direct the Divisional Engineer(Highways),(Construction and Maintenance) Division, Pudukottai, to issue the certificate for their participation in TRY 64 for tender notice No.31. The writ petition was disposed of on 03.10.2025 recording the submission of the learned Additional Advocate General appearing for the respondents that the certificate will be issued to the petitioner on 03.10.2025 before 5.00 p.m.
8. A rejection order came to be passed by the official concerned rejecting the request of the petitioner's firm for issuance of these two certificates on 03.10.
Tender rejection upheld as petitioner failed to provide sufficient proof of machinery ownership as mandated, highlighting strict adherence to bid requirements.
Failure to provide valid proof of ownership for mandatory equipment results in the rejection of tender applications, reaffirming the importance of compliance with tender conditions.
Tenderers must provide documented proof of ownership of required machinery, failing which bids may be lawfully rejected.
Tender - Eligible for participating and opening of price bid in tender proceeding - Respondent-State acted in extending undue favour to respondent No.6, which made the decision making process to be e....
A contractor's bid can be rejected if their registration is invalid at the time of submission, as compliance with legal and procedural requirements in tender evaluation is mandatory.
Judicial review in tender matters limited to arbitrariness or mala fides; courts defer to authority's bid compliance assessment, refusing substitution unless perverse.
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