IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 25-11-2025 CORAM THE HONOURABLE MR JUSTICE M.DHANDAPANI & WMP.Nos.49828 & 49830 of 2025 S.M.Constructions Rep. by its Proprietor S.M.Selvam, Somanahalli Post, Indoor Via, Nallampalli Taluk, Dharmapuri District - 636 803.

Petitioner(s)

Vs

1. The State of Tamilnadu Rep. by the Superintending Engineer, Highways Department, Construction and Maintenance Circle, Salem-7, Salem District.

2.The Divisional Engineer Highways Department, Construction and Maintenance Circle, Dharmapuri, Dharmapuri District.

Respondent(s)

PRAYER This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Certiorarified Mandamus, calling for the records of the impugned order passed by the 1^st respondent in tender ID 2025-HWAY-604010- 1 dated 25.10.2025 and quash the same, consequently direct the 1^st respondent to accept the bid of the petitioner in tender ID 2025-HWAY-604010-1.

For Petitioner(s): Mr.K. Balu For Respondent(s): Mrs.S.Anitha, Special Government Pleader

ORDER

The writ petition has been filed seeking for a writ of certiorarified mandamus, calling for the records of the impugned order passed by the first respondent in tender ID 2025-HWAY-604010-1 dated 25.10.2025 and to quash the same and consequently, direct the first respondent to accept the bid of the petitioner in tender ID 2025-HWAY-604010-1.

2. It is the case of the petitioner that the petitioner is a certified Engineering contractor. The first respondent issued e-tender notice dated 04.09.2025 for Lumpsum (Two Cover System), e-tenders were invited for widening single lane to intermediate lane and strengthening at Km 2/8–6/2 of Semmanahalli – Ariyakulam road including widening of Culvert at Km 3/10 (SLM-84). 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 second respondent, which were mandatory pre qualification documents. Applications for issuance of these certificate were to be submitted to the second respondent on or before 15.10.2025 upto 17.45 hrs and the certificates has to be issued by the 2^nd respondent on or before

22.10.2025 upto 17.45 hrs.

3. It is the further case of the petitioner that the petitioner sent applications dated 11.10.2025 and 13.10.2025 to the 2^nd respondent requesting to issue Work Site Inspection Certificate and the Working Condition of plants & Machineries Certificate to the petitioner and the same has not been considered. Therefore, the tender application of the petitioner was rejected by the 2^nd respondent vide the impugned order dated 25.10.2025, stating that the bidder has not furnished the eligibility criteria as per Tender Notice.

Hence, the petitioner has filed the above said writ petition.

4. The learned counsel for the petitioner would submit that the petitioner made application for issuance of Work Site Inspection Certificate and the Working Condition of plants & Machineries Certificate to the second respondent before the last date for submitting the same and it is the duty cast upon the Divisional Engineer/second respondent to depute concerned official to inspect the site and after inspection of the site, to issue the required certificates to the petitioner. However, the respondent has not visited the petitioner site and refused to issue the certificates within the prescribed time and on the sole ground, the petitioner’s technical bid was rejected, which is not sustainable one and accordingly, prays for appropriate orders.

5. Per contra, the learned Special Government Pleader appearing for the respondents submitted that though the petitioner made an application for issuance of Work Site Inspection Certificate and the Working Condition of plants & Machineries Certificate, the petitioner has not identified the site and machineries to the officials. Unless, the petitioner identifies the site and machineries, the respondents cannot on their own issue