BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ORDER RESERVED ON : 18.02.2026 ORDER PRONOUNCED ON : 25.02.2026 CORAM:

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD).No.3884 of 2026 and WMP(MD).Nos.3186 & 3187 of 2026 K.Vasanthakumar ....Petitioner Vs

1.The Chief Engineer – Trichy Region Government of Tamil Nadu Public Works Department Office of the Superintending Engineer Buildings ( C & M)

Circle, Thanjavur -1

2.Executive Engineer Public Work Department Buildings (C & M) Division, Thanjavur -1 ....Respondents Prayer: This Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarfied Mandamus, calling for the records of the first respondent relating to the impugned rejection of the petitioner vide impugned order dated 06.02.2026 in Tender ID No.2026_PWD_647584_2, Tender Ref.No.75/2025-2026, pertaining to the work of “Construction of 12 Class Room Building in Government Higher Secondary School at Poondi in Thanjavur District under NABARD RIDF XXXI” and quash the same and consequently direct the respondents to open the financial bid of the petitioner and proceed further as per the tender conditions.

For Petitioner : Mr.P.J.Rishikesh For Respondents :Mr.M.Ajmalkhan Additional Advocate General Assisted by M/s.D.Farjana Ghoushia Special Government Pleader

ORDER

The present writ petition has been filed challenging the order passed by the first respondent wherein the petitioner's technical bid was rejected by the Tender Inviting Authority pertaining to the work for construction of 12 Class Room Building in Government Higher Secondary School at Poondi in Thanjavur District.

(A).Factual Matrix:

2.It is the case of the petitioner that he is a registered Civil Engineering Contractor possessing substantial work experience with Public Works Department (Buildings and Maintenance, Water Resources Department), Forest Department and various private civil construction projects.

3.The first respondent has issued an e-Tender notification dated

20.01.2026 inviting bids for the work in Government Higher Secondary School at Poondi in Thanjavur District under NABARD RIDF XXXI. The deadline for submission of bids was fixed on 05.02.2026 up to 3.00 p.m and the technical bids were scheduled to be opened on 06.02.2026 at 3.00 p.m.

4.As per tender condition, a Site Visit Certificate is required to be issued by the respondents. According to the learned counsel for the petitioner, the petitioner had inspected the work site well in advance and repeatedly sought issuance of the said certificate from the concerned authorities and he has also sent representation on 30.01.2026. However, he had personally visited the office of the second respondent on 04.02.2026 for the specific purpose of obtaining the Site Visit Certificate. He was informed that the second respondent was unavailable. Therefore, he was not in a position to obtain a certificate or any clarification despite his bona fide efforts. (B).Submissions of the learned counsel appearing on either side:

5.According to the learned counsel for the petitioner, the petitioner had addressed a letter on 05.02.2026 to the respondent along with self-declaration to the effect that he had visited the work site. However, the respondents failed and neglected to furnish the Site Visit Certificate prior to the submission of the deadline. The petitioner had further submitted his bid through Tamil Nadu e-Procurement portal on 05.02.2026 after remitting the prescribed EMD along with essential eligibility requirements.

6.The learned counsel for the petitioner had further submitted that a letter dated 03.02.2026 has been purportedly issued by the second respondent's office. However, the letter was received by the petitioner only in the evening of 06.02.2026 after the deadline of the submission has already expired. According to him, the non-issuance of the Site Visit Certificate and timings of the discharge of the letter dated 03.02.2026 would clearly establish that with malafide, the officials are acted