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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 05-08-2026 CORAM THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ and WMP Nos.17832 and 21389 of 2026 Eco Protection Engineers Pvt. Ltd., Plot No.943, 54th Street, TVS Colony, Anna Nagar West Extn. Chennai-600 101 Represented by its C. Chandrasekar ..Petitioner(s)

Vs

1. The State of Tamil Nadu, Rep. by Secretary to Government, Municipal Administration and Water Supply Department, Secretariat, Fort St. George, Chennai-600 009.

2. The Managing Director, Chennai Metropolitan Water Supply and Sewerage Board (CMWSSB) Chintadripet, Chennai-600 002

3. The Superintending Engineer (Contract and Monitoring) Chennai Metropolitan Water Supply and Sewerage Board (CMWSSB), Chintadripet, Chennai-600 002 ..Respondent(s)

PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for a writ of Certiorari calling for the records with respect of the impugned proceedings of the 2nd Respondent dated 16.04.2026 in Lt. No.CMWSSB/CNT/WSS/ICB/ADB/001/2025-2026 by declaring the petitioner namely M/s. Sudhakara Infratech Private Limited ineligible to participate in ADB financed, administered or supported contracts and debarring them from participating in any future tender of the Board for a period of three years and quash the same.

For Petitioner(s): Mr.M.Suresh Kumar Assisted by Mr.Rahul Aditya and Mr.A.P.Balaji for Mr.R.Nalliyappan For Respondent(s): Mr.Krishna Ravindran (for R1 & R2)

Mr.A.M.Amutha Ganesh Government Advocate (for R3)

ORDER

The present writ petition is filed challenging the impugned order dated

16.04.2026, whereby petitioner and its joint venture partnership M/s.Sudhakar Infrastructure Private Limited were declared ineligible to participate in ADB Finance, administered/ supported contracts and were debarred from participating in any future tenders of the 2nd respondent Board for a period of three years.

2. The impugned order is challenged inter alia on the following grounds:

a. The impugned order suffers from violation of principles of natural justice inasmuch as the documents which forms basis of the impugned order has not been furnished.

b. The impugned order suffers from non-application of mind inasmuch as it does not deal with the objections submitted by petitioner.

c. The impugned order suffers from the vice of being a non-speaking order inasmuch as no reasons are assigned.

d. The impugned order is made on gross misconception of Clause 3.1.

read with 2.4.2 of Tender document, which provides for the consequence in the event of fraud or corruption by the participants in the tender.

3. Brief facts:

3.1. Petitioner, Eco Protection Engineers Pvt. Ltd. ("Eco"), is an established infrastructure company engaged in large-scale water supply, sewerage and public utility projects. Petitioner has executed several Government and ADB-funded contracts across the country and globally. Tender Notification No. CNT/WSS/ICB/ADB/001/2025-26 was issued on 18.12.2025 by CMWSSB, for providing a Ring Main System in Chennai City including operation and maintenance for 10 years. Bid document was issued on 19.12.2025. Petitioner participated in the tender in joint venture with M/s. Sudhakara Infratech Private Limited. Tender was opened on 03.02.2026. Though petitioner was lowest bidder, petitioner’s bid was declared non- responsive on 09.03.2026 and EMD was refunded. Show Cause Notice for blacklisting was issued on 10.03.2026. Impugned Blacklisting proceedings were issued on 16.04.2026 debarring petitioner and its JV partner for three years from ADB-funded/administered/supported contracts and future CMWSSB tenders.

3.2. Debarment Order is made primarily on the premise that petitioner does not comply with two eligibility conditions, viz., a) Clause 2.4.1 (similar size and nature contract exceeding Rs.690 crores) and b) Clause 2.4.2(b)(4) (construction of pipe carrying bridges of at least 300 metres in aggregate).

3.3. Impugned proceeding was passed in view of violation of IT