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2025 Supreme(Online)(Mad) 65247

IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. Dhandapani, J
Sree S.K And Company Represented By its Managing Partner M. Sivakumar – Appellant
Versus
The State of Tamilnadu – Respondent
WP No. 43737 of 2025



Advocates:
For the Appellants/Petitioners: M/s. A.M. Esakkiappan
For the Respondents: Mrs.S.Anitha, SGP

Public authorities must comply with legal obligations in tender processes and issue required documents timely.

Headnote:The present case concerns a writ petition filed under Article 226 of the Constitution seeking a mandamus for a Site Visit Certificate related to an e-tender for construction work. The petitioner's claims arise from the failure of the fourth respondent to issue required inspection certificates necessary for tender application submission. The court ruled in favor of the petitioner, directing the fourth respondent to issue the certificates by the specified deadline. The outcome reflects the court's enforcement of public authority obligations regarding tender procedures.

Table of Content
1. petitioner seeking certificates for tender compliance. (Para 1 , 2)
2. arguments concerning duty of public authority. (Para 4 , 5)
3. court's observation on the responsibilities of authorities. (Para 6)
4. court's directive for timely issuance of certificates. (Para 7)

PRAYER; This writ petition has been filed under Article 226 of Constitution of India, to issue a writ of Mandamus, directing the fourth respondents to issue a Site Visit Certificate to the petitioner in respect of the e-Tender Notice No.43/CE/DO2025-26/ dated 28.10.2025 in so far as S.No.5, Work is concerned for Construction of Autonomous Office Building (Controller of Examination) in Government College of Engineering at Salem District and Consequently direct the third respondent to accept the Petitioners Tender Application and to evaluate the same in e-Tender Notice No.43/CE/DO2025-26/ Dated 28.10.2025 in so far as S.No.5 Work is concerned.

For Petitioner(s): M/s. A.M. Esakkiappan For Respondent: Mrs.S.Anitha, SGP

ORDER

The writ petition has been filed seeking a directions to the fourth respondents to issue a Site Visit Certificate to the petitioner in respect of the e- Tender Notice No.43/CE/DO2025-26, dated 28.10.2025 in so far as S.No.5, Work is concerned for Construction of Autonomous Office Building (Controller of Examination) in Government College of Engineering at Salem District and Consequently direct the third respondent to accept the Petitioners Tender Application and to evaluate the same in e-Tender Notice No.43/CE/DO2025-26/

Dated 28.10.2025 in so far as S.No.5 Work is concerned.

2. It is the case of the petitioner that the petitioner, a State level first class contractor under Highways Department. The first respondent issued tender notification dated 08.10.2025 regarding construction of Autonomous Office Building, Government College of Engineering, Salem. The tender required bidders to personally inspect the work site and obtain the Work Site inspection certificate and the working condition of plants & Machineries certificate from the third respondent, which were mandatory pre qualification documents. Applications for issuance of these certificate were to be submitted through online on or before 13.11.2025 at 3.00 P.M. And the same will be opened on

14.11.2025 at 3.30 P.M.

3. It is the further case of the petitioner that the petitioner approached the

4th respondent on 30.09.2025 requesting to issue work site inspection certificates and working condition of the plant and machineries certificates to the them and the same has not been considered. Hence, the petitioner has filed the above said writ petitions.

4. The learned counsel for the petitioner submitted that the 4th respondent being a public authority, who is duty-bound to process the request made by the petitioner within the prescribed time-lines. The last date for submitting the application is 13.11.2025. Therefore, this Court may direct the 4th respondent to issue work site inspection certificate and working condition of the plants and machineries certificate to the petitioner by today itself.

5. The learned Special Government Pleader submitted that the certificates will be issued to the petitioner by today itself during office hours.

6. Heard the leaned counsel for the petitioner and the learned Special Government Pleader for the respondents and perused the materials available on record.

7. Considering the fact and circumstances of the case and in view of the limited request sought for by the petitioner, this Court directs the 4th respondent to issue work site inspection certificate and working condition of the plants and machineries certificates to the petitioner in both the cases by today itself before

5.00 P.M. The petitioner shall collect the same during office hours.

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