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2026 Supreme(Online)(Mad) 10285

IN THE HIGH COURT OF JUDICATURE AT MADRAS
HONOURABLE MR. JUSTICE R.VIJAYAKUMAR
KRN and Co – Appellant
Versus
The Superintending Engineer( – Respondent



BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.02.2026 CORAM:

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and W.M.P(MD) Nos.3381 and 3382 of 2026 KRN and Co., No.663, Trichy Pudukkottai Main Road, Muthudaiyanpatti, Vellanur Post, Kulathur Taluk, Pudukkottai District, Represented by its Managing Partner, K.R.N.Ramesh ... Petitioner Vs.

1.The Superintending Engineer (Highways)

Construction and Maintenance, Trichy.

2. The Divisional Engineer (Highways)

Construction and Maintenance, Pudukkottai Division, Pudukkottai District.

3. The Divisional Engineer (Highways)

Construction and Maintenance, Aranthangi Division, Pudukkottai District. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, thereby call for the records of the respondents 2 and 3 in Letter No. R.C.No.2094/ JDO-1/2025 and R.C.No.1897/JDO-1/2025 dated 25.09.2025 and quash the same as illegal and arbitrary and in consequence thereof direct the first respondent to admit and consider the bid submitted by the petitioner for the works covered in package no. TRY-45 (Sl.No.2), TRY-47 (Sl.No.4) and TRY-48 (Sl.No.5) of the tender notice No. 20/2025-26/HDO dated 19.08.2025 and declare him as eligible working condition to participate in the tender process without production of Plant and Machineries certificate from the respondents No. 2 and 3.

For Petitioner : Mr.P.Ganapathi Subramanian For Respondents : Mr.Veera Kathiravan Additional Advocate General Assisted by Mrs.D.Farjana Ghoushia Special Government Pleader

O R D E R

The present writ petition has been filed challenging the order passed by the respondents 2 and 3 vide their proceedings dated 25.09.2025, wherein the working condition of the Plant and Machineries Certificate has been rejected primarily on the ground that the petitioner has not produced any records to establish his ownership over two vibratory rollers.

2. A perusal of the impugned order reveals that the petitioner has produced tax invoice for one vibratory roller and the other tax invoice for a compactor. The authorities have not accepted the tax invoice for a compactor on the ground that it is not a vibratory roller.

3. The learned counsel appearing for the petitioner submitted that the compactor is also a vibratory roller and therefore, the tax invoice for the compactor should have been accepted by the tender inviting authority.

4. This issue has to be resolved only by the Certificate issuing authority. Therefore, in view of the above said facts, the order impugned in the writ petition is set aside and the matter is remitted back to the file of the second respondent herein to decide whether tax invoice with reference to the compactor is equivalent to a vibratory roller or not and thereafter pass orders.

5. With the above said observation, this Writ Petition stands allowed.

There shall be no order as to costs. Consequently connected Miscellaneous Petitions are closed.

18.02.2026 NCC : Yes/No 1/2 Index : Yes / No Internet : Yes / No ebsi Note: Issue order copy on 19.02.2026 To

1.The Superintending Engineer (Highways)

Construction and Maintenance, Trichy.

2. The Divisional Engineer (Highways)

Construction and Maintenance, Pudukkottai Division, Pudukkottai District.

3. The Divisional Engineer (Highways)

Construction and Maintenance, Aranthangi Division, Pudukkottai District.

R.VIJAYAKUMAR,J.

ebsi

18.02.2026

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