IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. DHANDAPANI, J
S.M. Constructions Rep. By Its Proprietor, S.M.Selvam – Appellant
Versus
The State Of Tamil Nadu Rep. By The Superintending Engineer, Highways Department – Respondent
Writ Petition
| Table of Content |
|---|
| 1. petitioner's request for certification is necessary for tender compliance. (Para 1 , 2) |
ORDER
The writ petition has been filed seeking a direction to the 2nd respondent to issue work site Inspection certificate and working conditions of the plants and machinery certificate to the petitioner for the e-tender notice issued by the 1st respondent vide No. 50/ 2025 -2026/ HDO dated 4.11.2025 and permit the petitioner in the e-tender dated 4.11.2025 issued by the 1st respondent.
2. It is the case of the petitioner that the petitioner intend to Bid for the above said work for the strengthening at KM 0/0-1/6 of Dasiripalli Road to Thanampatti Road including Reconstruction of Culverts at KM 0/4.0/6 (SLM-
83) and for applying the tender there is a pre-requisite that the tenderer must visit the work site and obtain a certificate from the concerned Divisional Engineer, Highways Department, the second respondent herein and also working condition of the plants and machinery certificate and such certificates must be uploaded along with the tender documents and the bid will be considered as completed only if accompanied by the said work site inspection certificate and working conditions of the plants and machinery certificate. 3. It is further submitted that the request for work site inspection certificate and working conditions of the Plants and Machinery certificate should reach the office on or before 19.11.2025 upto 17.45 hrs and the certificates will be issued by the second respondent on or before 21.11.2025 upto 17.45 hrs. Therefore, the petitioner made an application for work site inspection certificate and working conditions of the plants and machinery certificate to the second respondent on 17.11.2025 and the same was not considered. Hence, the present writ petitions.
4. When the matter was taken up for hearing for admission on
19.11.2025, this Court directed the Special Government Pleader to get instructions from the respondents and posted the matter on 20.11.2025. On 20.11.2025, when the matter was taken up for hearing, the learned Special Government Pleader reported that the last date for issuing certificates is on 20.11.2025 and the same will be issued on 20.11.2025. However, in the notification, it is clearly mentioned that the last date for submitting the certificates is 21.11.2025 upto 17.45 hrs.
5. Again, the matter is posted today (21.11.2025), pursuant to the direction issued by this Court, the second respondent appeared before this Court and stated that the application of the petitioner has not been received till 19.11.2025. The said application has been received only on 20.11.2025. Hence, the period for submitting the application has been expired.
6. In response, the learned counsel for the petitioner has produced the tracking sheet of the Postal Department before this Court, in which, it is clearly shows that the postal authority went to the second respondent office on 19.11.2025. However, the second respondent office bearers refused to receive the application stating that ‘’Sir is in camp and therefore, refused to receive the post’’.
7. In order to avoid receiving the application of the petitioner, the second respondent refused it. The learned Special Government Pleader appearing for the respondents submitted that the information furnished by the second respondent is that the last date for submitting the application is 20.11.2025 instead of 21.11.2025 . The same is also recorded.
8. The learned Additional Advocate General appearing for the respondents fairly submitted that the petitioner made an application to the respondent on 19.11.2025 and the postal authority went to the second respondent’s office on 20.11.2025. The said letter is only for the office purpose, anyone in the junior staff can receive the application and the same would be processed. Refused to receive the said letter is not acceptable. Hence, the certificate shall be issued to the petitioner by today itself before 05.30 P.M. 9. Recording the
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