M/s.Apm and Co. Vs The Superintending Engineer(Nh) — Writ and Judicial Review | Madras HC (2025)

M/s.Apm and Co. Vs The Superintending Engineer(Nh) — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Writ petition allowed; respondents directed to issue the work site inspection certificate and the work certificate relating to the working condition of the plants and machineries (depending upon the condition of the plants and machineries) as per the tender schedule by 17.12.2025. No costs.

Issue for consideration

Whether the 2nd respondent should be directed, by writ of mandamus, to forthwith issue the Work Site Inspection Certificate and the Working Condition of Plant and Machinery Certificate to the petitioner, based on the application dated 06.12.2025 and reminder letter dated 10.12.2025, so as to enable the petitioner to submit tender bids under Tender Notices Nos. 25 and 26 of 2025-26 (packages TNV-49, TNV-54 and TNV-55).

Court's answer

The writ petition is allowed with a direction to the respondents to issue the work site inspection certificate and the work certificate relating to the working condition of the plants and machineries.

Ratio / Principle

The certificate relating to the working condition of the plants and machineries is directed to be issued depending upon the condition of the plants and machineries, as per the tender schedule, by 17.12.2025; no costs were awarded.

Detailed headnote1 paragraphs

WRIT PETITION – MANDAMUS – NATIONAL HIGHWAYS TENDERS – Work Site Inspection Certificate and Working Condition of Plant and Machinery Certificate – petitioner (contractor) applied to the 2nd respondent on 06.12.2025 with reminder dated 10.12.2025 to enable participation in tenders under Tender Notice No.25/2025-26/HDO/NH dated 03.12.2025 (packages TNV-49, TNV-54) and Tender Notice No.26/2025-26/HDO/NH dated 03.12.2025 (package TNV-55) – Additional Advocate General, on instructions, submitted that the work site inspection certificate would issue upon the petitioner's site visit, and that the plant and machinery certificate would depend on the condition of machinery placed for inspection as per the tender schedule – recording these submissions, the Madurai Bench of the Madras High Court (R.Vijayakumar, J.) allowed the writ petition under Article 226 and directed the respondents to issue both certificates (the latter depending upon the condition of the plants and machineries) as per the tender schedule by 17.12.2025 – no costs.

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 16.12.2025

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR

W.P.(MD)No.36056 of 2025

M/s.APM and Co.,

Rep by its Managing Partner,

...Petitioner

Vs

The Superintending Engineer(NH), National Highways, Madurai Circle, Madurai – 02.

The Divisional Engineer (NH), National Highways, Tirunelveli. ...Respondents

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of MANDAMUS, directing the 2^nd respondent to forthwith issue the Work Site Inspection Certificate and the Working Condition of Plant and Machinery Certificate to the petitioner, based on the application dated 06.12.2025 and reminder letter dated 10.12.2025, enabling the petitioner to submit the tender bid as per the Tender Notifications issued by the 1^st respondent vide Tender Notice No.25/2025-26/HDO/NH, dated 03.12.2025 for the packages in TNV-49, TNV-54 and Tender Notice No.26/2025-26/HDO/NH dated 03.12.2025 for the package in TNV-55.

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For Petitioner : M/s.A.Mohan For Respondents : M/s.Veera Kathiravan Additional Advocate General assisted by Mrs.D.Farjana Ghoushia Special Government Pleader

ORDER

The present writ petition has been filed seeking a mandamus as against

the second respondent to forthwith issue the work site inspection certificate and working condition of the plant and machineries certificate to the petitioner.

By consent of both the parties, the writ petition is taken up for final

disposal at the admission stage itself.

When the matter is taken up for hearing today, Mr.Veera Kathiravan, learned Additional Advocate General assisted by Mrs.D.Farjana Ghoushia, learned Special Government Pleader appearing for the respondents on instructions submits that in case if the petitioner visit the site, work site inspection certificate would be issued to the petitioner today.

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He would further submits that as far as certificate relating to working condition of the plants and machineries certificate are concerned, that would depend upon the working condition of the plants and machineries that are placed for inspection by the writ petitioner as per the tender schedule.

Recording the above said submissions, this writ petition stands allowed with a direction to the respondents to issue work site inspection certificate and the work certificate relating to the working condition of the plants and machineries certificate (depending upon the condition of the plants and machineries) as per the tender schedule 17.12.2025. No costs.

16.12.2025

NCC : Yes/No Index : Yes/No Internet: Yes/No RJR

Note: Issue order copy on 16.12.2025

To

The Superintending Engineer(NH), National Highways, Madurai Circle, Madurai – 02.

The Divisional Engineer (NH), National Highways, Tirunelveli.

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R.VIJAYAKUMAR, J.

RJR

W.P.(MD)No.36056 of 2025

16.12.2025

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