This order dismisses a writ petition filed by a contractor seeking a direction to issue Work Site Inspection and Working Condition certificates to enable tender participation. The court notes the petitioner sought to challenge a recent rejection order while the petition was being disposed of.
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W.P(MD)No.27576 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 03.10.2025
CORAM:
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P(MD)No.27576 of 2025 and
W.M.P(MD) Nos.21482, 21484 & 21485 of 2025
KRN and Co., No.663, Trichy Pudukkottai Main Road, Muthudaiyanpatti, Vellanur Post, Kulathur Taluk, Pudukkottai District, Rep by its Managing Partner, K.R.N.Ramesh.
... Petitioner
Vs.
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the second respondent to issue the work site inspection Certificate and working condition of plants and machineries certificate to the petitioner to enable him
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participate in the Tender Notice Number 34/2025-26/SDO dated 08.09.2025 for the works covered in Sl No.1 issued by the first respondent and in the alternate to direct the first respondent to accept the tender documents to be uploaded by the petitioner without insisting for the production of work site inspection Certificate and working condition of plants and machineries certificate for the above said works.
For Petitioner : Mr.P.Ganapathi Subramanian
For Respondents : Mr.Veera Kathiravan Additional Advocate General Assisted by Mr.A.Baskaran Additional Government Pleader
ORDER
The petitioner has filed the present Writ Petition seeking a
direction to the second respondent to issue the Work Site Inspection Certificate and Working Condition of Plants and Machineries Certificate to enable him to participate in Tender Notice No.34/2025-26/SDO dated
08.09.2025, for the works covered in Sl No.1 issued by the first respondent. In the alternative, the petitioner seeks a direction to the first respondent to accept the tender documents to be uploaded by him without insisting for the production of aforesaid certificates for the said works.
2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.
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3. According to the petitioner, he is a Class-I Contractor carrying out various kinds of buildings, roads and construction works in different Government Departments. While so, the first respondent, by notice dated 08.09.2025, invited applications from eligible contractors for carrying out various road works. As per the tender notification, tenderers are required to obtain a certificate from the Divisional Engineer regarding work site inspection and the working condition of plant and machineries.
4. Further, according to the petitioner, in order to participate in the said tender, he submitted an application before the second respondent on 22.09.2025 requesting the issuance of the Work Site Inspection Certificate and Working Condition of Plants and Machineries Certificate Despite repeated requests, the second respondent failed to issue the certificates. Hence, the petitioner has filed the present Writ Petition.
5. The learned counsel appearing for the petitioner submitted that the respondents ought not to have deprived the petitioner of his valuable right to participate in the tender process, which is protected under Article 19(1)(g) of the Constitution of India.
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6. When the matter is taken up for hearing today, the learned Additional Advocate General appearing for the respondents submitted that the second respondent has passed an order dated 03.10.2025,
rejecting the petitioner's request.
7. At this juncture, the learned counsel appearing for the petitioner seeks liberty to challenge the said order in accordance with law.
8. In view of the abovesaid submissions, this Writ Petition is dismissed with liberty to the petitioner to challenge the rejection order passed by the second respondent, dated 03.10.2025, in the manner known to law. No costs. Consequently, connected Miscellaneous Petitions are closed.
03.10.2025
Index : Yes / No NCC : Yes / No ps
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To
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M.DHANDAPANI, J.
ps
W.P(MD)No.27576 of 2025
03.10.2025
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2 issues framed by the court
Whether the State is justified in withholding required certificates to prevent an eligible contractor from participating in a government tender.
Whether a tenderer can participate in the bidding process without obtaining the mandatory Work Site Inspection and Working Condition certificates from the concerned official.
1 provisions across 1 enactments
KRN and Co.,
The Superintending Engineer (Highways), Construction and Maintenance, Trichy
The Divisional Engineer (Highways), Construction and Maintenance, Pudukkottai Division, Pudukkottai District
M.Dhandapani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
