Partly allowed

The Superintending Engineer v. Sai Hridham Infraa Pvt. Ltd.

Madras HC20 Dec 2024WA(MD)/2660/2024

Case brief

AI extract

What is this about?

Writ appeal against interim order mandating acceptance of tender without work site inspection certificate. Held that department can impose reasonable conditions. Parties to conduct joint inspection and submit certificate on a specified date before bid opening.

What did the court decide?

Joint inspection and issuance of work site inspection certificate directed to be conducted on 23.12.2024; consequent opening of bids allowed. Interim order set aside. Connected petitions closed.

The Superintending Engineer Vs Sai Hridham… — Public Procurement and Tenders | Madras HC (2024)

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WA(MD)No.2660 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 20.12.2024

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CORAM :

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THE HONOURABLE MR.JUSTICE M.S.RAMESH and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE

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WA(MD)No.2660 of 2024 and

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CMP(MD)Nos.18484 and 18485 of 2024

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The Superintending Engineer, National Highways, No.5, Besant Road, Chinna Chokkikulam, Madurai – 625 002.

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The Divisional Engineer, National Highways, First Floor, Panagal Building, Thanjavur – 613 001. ... Appellants

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vs.

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SAI HRIDHAM INFRAA PVT LTD No 208/6, Muthudaiyanpatti, Kulathur Taluk, Pudukkottai 622 501. Represented by its Managing Director V.Palanisamy. ... Respondent

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Prayer : Appeal filed under Clause XV of the Letters Patent, against the order passed in W.P(MD)No.29668 of 2024 and WMP(MD)No.25041 of 2024, dated 06-12-2024.

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https://www.mhc.tn.gov.in/judis

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Page No.1 of 7

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WA(MD)No.2660 of 2024

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For Appellants : Mr.Veera Kathiravan Additional Advocate General, assisted by Mr.S.Shaji Bino, Special Government Pleader

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For Respondent : Mr.G.Prabhu Rajadurai for Mr.M.Rajarajan

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JUDGMENT

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( Judgment of the Court was made by M.S.RAMESH, J.)

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By consent of both sides, the writ appeal itself is taken up for final disposal at the admission stage.

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This writ appeal is directed against the interim order passed in W.P(MD)No.29668 of 2024 and WMP(MD)No.25041 of 2024, dated 06-12-2024.

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By way of amendment dated 29.11.2024, to the original

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tender notice dated 04.11.2024, issued by the first appellant, the bidders were required to inspect the site of the proposed work, for which, the work site inspection certificate should be obtained from the Divisional Engineer(NH), Thanjavur, and uploaded along with all the required

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WA(MD)No.2660 of 2024

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technical documents in the portal, failing which, the bid would be summarily rejected. The last date for submission of the bid was on 06.12.2024.

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Admittedly, the respondent / writ petitioner had made an application on 04.12.2024, seeking for issuance of the work site inspection certificate, claiming that they had already visited the site and inspection was also completed. However, as per the tender conditions, both the tenderer, as well as the officials from the department, are jointly required to conduct such inspection, based on which, the required certificate will be issued.

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In this background, the second appellant herein had given a reply on 05.12.2024, to the respondent, calling upon them to give the details regarding registration of the firm and the authorised person for inspection. In the meantime, the respondent had filed the writ petition. Through the interim order dated 06.12.2024, the Writ Court had observed that the production of the work site inspection certificate was unwarranted and thereby directed the appellants to accept the

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WA(MD)No.2660 of 2024

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respondent's tender, without insisting for the work site inspection certificate.

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We are not in agreement with such an observation made.

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When one of the tender conditions mandates for joint inspection and uploading of work site inspection certificate, the Writ Court, in exercise of its powers under Article 226 of the Constitution of India, will not usually venture into to whittle down any of the conditions. On the other hand, it has been repeatedly held that the department would be well within its powers, to impose any reasonable conditions and the High Court, in exercise of its power under Article 226 of the Constitution of India, will not normally interfere with such conditions. On this limited finding, the observations made in the interim order shall stand set aside. However, we have also taken note of the fact that even before the last date for submission of the bid, that is, 06.12.2024, the respondent had made an application, seeking for the required work site inspection certificate and the same was not rejected till the writ petition was filed.

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https://www.mhc.tn.gov.in/judis

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Page No.4 of 7

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WA(MD)No.2660 of 2024

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The learned Additional Advocate General appearing for the

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appellants, on instructions, submitted that the appellants are always willing to conduct the joint inspection and if satisfied, they would also issue the necessary work site inspection certificate. It is his further submission that the tenders have not been opened till date and that if any direction is issued by this Court, for conducting a joint inspection and for issuance of consequential work site inspection certificate, the bids would be opened on 23.12.2024.

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In the light of such submission made, the respondent herein

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is called upon to report before the appellants on 23.12.2024 at 10.00 a.m., along with the certificate of incorporation of their company and shall also co-operate during the joint inspection, to be conducted on the same day. After satisfactory inspection, the work site inspection certificate shall be issued to the respondent, who in turn, shall hand over the same to the appellants herein, on the same day. Thereafter, the appellants are at liberty to open the bids of the tender notice dated 04.11.2024.

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Page No.5 of 7

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WA(MD)No.2660 of 2024

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Accordingly, the Writ Appeal stands partly allowed. No

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costs. Consequently, connected miscellaneous petitions are closed.

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(M.S.R, J.) (A.D.M.C, J.) Index : Yes / No 20.12.2024 Neutral Citation : Yes / No bala Note : Issue order copy today(20.12.2024) itself.

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The Superintending Engineer, National Highways, No.5, Besant Road, Chinna Chokkikulam, Madurai – 625 002.

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The Divisional Engineer, National Highways, First Floor, Panagal Building, Thanjavur – 613 001.

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https://www.mhc.tn.gov.in/judis

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Page No.6 of 7

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WA(MD)No.2660 of 2024

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M.S.RAMESH, J. and A.D.MARIA CLETE, J.

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bala

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JUDGMENT MADE IN WA(MD)No.2660 of 2024 DATED : 20.12.2024

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The Superintending Engineer v. Sai Hridham Infraa Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

The Superintending Engineer v. Sai Hridham Infraa Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

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