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2025 Supreme(Online)(Mad) 60384

IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. DHANDAPANI, J
M/s. Abitha Construction – Appellant
Versus
The Superintending Engineer (highways), Construction And Maintenance, Villupuram Circle – Respondent
WP No. 38502 of 2025



Advocates:
For the Appellants/Petitioners: Mr.L. Palani Muthu
For the Respondents: Mrs.S.Anitha, Special Government Pleader

The court holds that timely issuance of required certificates is essential to avoid prejudice against tender applicants.

Headnote:Relevant to this case is the prayer under Article 226 of the Constitution of India, seeking to prevent the 1st respondent from opening tender documents without requisite certificates. The petitioner contended that failure to issue work inspection and machinery condition certificates could lead to significant prejudice. The court directed the 2nd respondent to provide these certificates by a specified date. The final order disposes of the petition with no costs.

Table of Content
1. need for certificates in tender process. (Para 1 , 2 , 4 , 5)
2. court's directive on certificate issuance. (Para 6 , 7)

ORDER

This Writ Petition has been filed forbearing the 1st respondent from opening the tender documents in respect of tender notice dated 25.08.2025 issued by the 1st 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 1st respondent, the tenderers shall have to submit their applications to the 4th 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 4th respondent and the last date for receipt of said certificates is on or before 15.10.2025 upto 12.00 hrs. Since, the aforesaid certificates were not issued, the petitioner had approached the 2nd 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 1st 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 2nd 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.

6. Recording the aforesaid submission of the learned Additional Government Pleader, the 2nd 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.

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