A contractor challenged rejection of its technical bid in a highways tender for non-furnishing of mandatory Work Site Inspection and Machinery Certificates. The court found the petitioner failed to identify its site and machineries to officials, preventing certificate issuance, and dismissed the writ petition with no costs.
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WP No. 44659 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25-11-2025
CORAM
THE HONOURABLE MR JUSTICE M.DHANDAPANI
WP No. 44659 of 2025 &WMP.Nos.49820 & 49823 of 2025
S.M.Constructions
Rep. by its Proprietor, S.M.Selvam, Somanahalli Post, Indoor Via, Nallampalli Taluk, Dharmapuri District-636 803.
Petitioner(s)
Vs
2.The Divisional Engineer, Highways Department, Construction and Maintenance Circle, Dharmapuri - 7, Dharmapuri District.
Respondent(s)
PRAYER
WP No. 44659 of 2025
This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Certiorarified Mandamus, calling for the records of the impugned order passed by the 1st respondent in tender ID 2025-HWAY-601852-1 dated 25.10.2025 and quash the same, consequently direct the 1st respondent to accept the bid of the petitioner in tender ID 2025-HWAY-601852-1.
For Petitioner(s): Mr.K. Balu
For Respondent(s): Mrs.S.Anitha, Special Government Pleader
ORDER
The writ petition has been filed seeking for a writ of certiorarified
mandamus, calling for the records of the impugned order passed by the first respondent in tender ID 2025-HWAY-601852-1 dated 25.10.2025 and to
quash the same and consequently, direct the first respondent to accept the bid of
the petitioner in tender ID 2025-HWAY-601852-1.
Engineering contractor. The first respondent issued e-tender notice dated 02.09.2025 for Lumpsum (Two Cover System), e-tenders were invited for Widening and Strengthening the Government roads including Widening of
Culvert, Reconstruction of Culvert and construction of protective works in
WP No. 44659 of 2025
Dharmapuri (H) C & M Sub Division (SLM-80). The tender required bidders to
personally inspect the work site and obtain the Work Site Inspection Certificate and the Working Condition of plants & Machineries Certificate from the second respondent, which were mandatory pre qualification documents. Applications for issuance of these certificate were to be submitted to the second respondent on or before 15.10.2025 upto 17.45 hrs and the certificates has to be issued by the 2nd respondent on or before 22.10.2025 upto 17.45 hrs.
to issue Work Site Inspection Certificate and the Working Condition of plants &
Machineries Certificate to the petitioner and the same has not been considered. Therefore, the tender application of the petitioner was rejected by the 2 nd respondent vide the impugned order dated 25.10.2025, stating that the bidder has not furnished the eligibility criteria as per Tender Notice. Hence, the
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petitioner has filed the above said writ petition.
made application for issuance of Work Site Inspection Certificate and the
Working Condition of plants & Machineries Certificate to the second respondent before the last date for submitting the same and it is the duty cast upon the Divisional Engineer/second respondent to depute concerned official to inspect the site and after inspection of the site, to issue the required certificates to the petitioner. However, the respondent has not visited the petitioner site and refused to issue the certificates within the prescribed time and on the sole ground, the petitioner’s technical bid was rejected, which is not sustainable one and accordingly, prays for appropriate orders.
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respondents submitted that though the petitioner made an application for issuance of Work Site Inspection Certificate and the Working Condition of plants & Machineries Certificate, the petitioner has not identified the site and machineries to the officials. Unless, the petitioner identifies the site and machineries, the respondents cannot on their own issue certificate mechanically.
Hence, she prays for the dismissal of the present writ petition.
Government Pleader for the respondents and perused the materials available on
record.
of Work Site Inspection Certificate and the Working Condition of plants &
Machineries Certificate, the petitioner was not able to identify the site and machineries to enable the respondents to issue certificate to the petitioner.
For not annexing the said certificates, the technical bid submitted by the
WP No. 44659 of 2025
petitioner was rejected.
8.In view of the above, the Writ Petition stands dismissed. No costs.
Consequently, the connected miscellaneous petitions are closed.
25-11-2025
Tsg
Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No
To
2.The Divisional Engineer, Highways Department, Construction and Maintenance Circle, Dharmapuri - 7, Dharmapuri District.
WP No. 44659 of 2025
M.DHANDAPANI J.
Tsg
WP No. 44659 of 2025
WP No. 44659 of 2025
25-11-2025
1 issue framed by the court
Whether rejection of the petitioner's technical bid for failure to furnish Work Site Inspection and Machinery Certificates was sustainable when the respondents allegedly did not inspect the site.
S.M.Constructions, Rep. by its Proprietor, S.M.Selvam
The State of Tamilnadu Rep. by the Superintending Engineer, Highways Department
The Divisional Engineer, Highways Department
M.DHANDAPANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
