IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 02.01.2026

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA

W.P.No. 50029 of 2025

&

W.M.P.Nos. 55965 & 55967 of 2025

M/s. VKSS Co,

Rep. by its Managing Partner,

S.Sundararaj

36-A, Therkkumedu,

Veeraganur Post,

Thalaivasal Taluk,

Salem District. ...Petitioners

Vs.

l.The Superintending Engineer (NH)

Government of Tamil Nadu,

National Highways, Salem Circle,

Salem 04.

2.The Divisional Engineer (NH)

Government of Tamil Nadu,

National Highways, Salem Circle,

Salem 04.

3.The Divisional Engineer (NH), Quality Control, Government of Tamil Nadu, National Highways, Salem Circle, Salem 04. ...Respondents Prayer: Writ Petition is filed under Section 226 of the Constitution of India for issue of Writ of Certiorarified Mandamus, calling for the records relating to the certificate for plant and machineries issued by the 3^rd respondent dated 15.12.2025 issued in covering letter in Lr No CRIF-16/2025-26/ AE/1-I/ dated 15.12.2025 on the file of the 2^nd respondent quash the same and direct the respondents to conduct re- inspection of plant and machinery of the petitioner and reissue the proper working conditions of plant and machinery certificates in Tender Notification in Tender Notice No 17/HDO/NH/2025-26 dated 02.12.2025 in respect of work in Sl.No.2 (Job No.TN-CRIF-2025-26- SLM-16) on the file of the 1^st respondent and also not to reject the bid of the petitioner based upon the certificate of plant and machineries dated 15.12.2025.

For Petitioners : Mr. S.Doraisamy For Respondents : Mr. M.Suresh Kumar Additional Advocate General Assisted by Mr. D.Gopal Government Advocate Mr. V.G.Vijay Raj Advocate Commissioner.

O R D E R

This writ petition has been filed for the following relief:

“calling for the records relating to the certificate for plant and machineries issued by the 3^rd respondent dated 15.12.2025 issued in covering letter in Lr No CRIF-16/2025-26/ AE/1-I/ dated 15.12.2025 on the file of the 2^nd respondent quash the same and direct the respondents to conduct re-inspection of plant and machinery of the petitioner and reissue the proper working conditions of plant and machinery certificates in Tender Notification in Tender Notice No 17/HDO/NH/2025-26 dated 02.12.2025 in respect of work in Sl.No.2 (Job No.TN-CRIF-2025-26-SLM-16) on the file of the 1^st respondent and also not to reject the bid of the petitioner based upon the certificate of plant and machineries dated

15.12.2025”.

2. The facts in a nutshell are as follows.

3. The petitioner is a State Level First Class Contractor under the Highways Department, namely, the 1^st respondent herein. The 1^st respondent had issued a tender notification for road widening from single lane and strengthening construction of culvert and box culvert, construction of retaining wall etc., As per terms of the tender notification, bid was to be submitted online upto 15.00 Hrs. on 18.12.2025. The tender documents which were received online was to be opened on 19.12.2025 at 15.00 Hrs.

4. The petitioner would submit that on 09.12.2025, they had made an application to the 2^nd respondent both through RPAD as well as an e-mail, seeking work site inspection certificates and working condition of the plants and machineries certificates. However, these certificates have not been issued. Therefore, the petitioner had filed a writ petition in WP.No.49112 of 2025 seeking mandamus for issuance of the said certificates.

5. The petitioner would submit that pending the writ petition, the

3^rd respondent along with the Assistant Engineer (QC) had visited their Central Hot Mix Plant erected at Puliyankurichi Road, Thalaivasal Taluk. However, the machinery was not tested nor trial run conducted. Further, they had not expressed any dissatisfaction regarding working condition of the machinery. The petitioner was under the genuine impression that certificates would be issued. Further, the learned Government Advocate on 15.12.2025, had submitted that certificates would be issued by the end of the day, i.e., on 15.12.