Siva Builders Vs Divisional Engineer — Writ and Judicial Review | Madras HC (2026)

Siva Builders Vs Divisional Engineer — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

Petition disposed of on the strength of the respondents' recorded undertaking (via the Additional Advocate General, on instructions) to issue the Work Site Inspection Certificate and the Plants & Machineries working-condition certificates to the petitioner by 5.45 p.m. the following day (i.e., 05.02.2026, the order being dated 04.02.2026), provided all other parameters are found to be in order; no costs imposed; connected W.M.P.No.3864 of 2026 closed.

Issue for consideration

Whether the 1st respondent can be directed, by way of a writ of mandamus under Article 226, to furnish the Work Site Inspection Certificate and the working condition of the Plants and Machineries Certificates stipulated in Tender Notice No.52/2025-2026/HDO dated 19.01.2026, in time for submission with the petitioner's tender application before 06.02.2026.

Court's answer

The Court recorded the Additional Advocate General's submission, given on instructions for respondents 1 and 2, that the work site inspection was underway and that the certificates would be issued to the petitioner, if all other parameters were found to be in order, by the following day before 5.45 p.m.

Ratio / Principle

Recording the above submission, the Court disposed of the writ petition without costs and closed the connected miscellaneous petition (W.M.P.No.3864 of 2026); no independent adjudication of the mandamus demand was made.

Detailed headnote1 paragraphs

Madras High Court (Ms. Justice P.T. Asha) - W.P.No.3434 of 2026 & W.M.P.No.3864 of 2026, decided 04.02.2026. Petitioner Siva Builders (Managing Partner S.P. Sivakumar) sought a writ of mandamus under Article 226 of the Constitution directing the Divisional Engineer, Highways (C&M), Edappady, to furnish the Work Site Inspection Certificate and the working-condition certificates for Plants and Machineries stipulated in Tender Notice No.52/2025-2026/HDO dated 19.01.2026 (percentage bids, Single Cover System), which had to accompany the tender application before 06.02.2026. In the order, the learned Additional Advocate General, appearing for respondents 1 and 2, stated on instructions that the work site inspection was underway and the certificates would be issued to the petitioner by 5.45 p.m. the next day if all other parameters were found in order. Recording that submission, the Court disposed of the writ petition without costs and closed the connected miscellaneous petition. No substantive adjudication of the tender conditions was undertaken; the value of the order lies in the recorded executive undertaking and its timing against the bid-submission deadline.

W.P.No.3434 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated :04.02.2026

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA

W.P.No.3434 of 2026 and W.M.P.No.3864 of 2026

Siva Builders, Managing Partner S.P.Sivakumar, 11-5/25 G.Subramaniyar Nagar, Mecheri Post 636 453 Mettur Taluk, Salem District ...Petitioner

-Vs-

The Divisional Engineer, Highways (C& M), Edappady, Salem 636 004

The Superintending Engineer, Highways Department, Constructions and Maintenance Circle, Salem 636 004

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the 1^st respondent to furnish the Work Site Inspection Certificate and working condition of the Plants and Machineries Certificates as per condition stipulated in

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W.P.No.3434 of 2026 Tender Notice No.52/2025-2026/HDO dated 19.01.2026 issued by 2^nd respondent inviting percentage bids under Single Cover System immediately, in any event much before 06.02.2026 so as to submit to 2^nd respondent along with Tender application as is stipulated therein.

For Petitioner : Mr.V.T.Narendiran For Respondents 1 and 2: Mr.M.Suresh Kumar,

Additional Advocate General

assisted by Mr.V.Jeevagiridharan, Additional Government Pleader

ORDER

This Writ Petition has been filed seeking a direction to the 1^st respondent to furnish the Work Site Inspection Certificate and working condition of the Plants and Machineries Certificates as stipulated in the conditions of Tender Notice No.52/2025-2026/HDO dated 19.01.2026, issued by the 2^nd respondent.

It is informed by the learned Additional Advocate General

appearing for respondents 1 and 2, on instructions, that the work site inspection is underway and that the certificates would be issued to the

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W.P.No.3434 of 2026 petitioner, if all other parameters are found to be in order, by tomorrow,

before 5.45pm.

Recording the above submission made by the learned Additional Advocate General, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

04.02.2026

Index : Yes/No Speaking Order : Yes / No srn To

The Divisional Engineer, Highways (C& M), Edappady, Salem 636 004

The Superintending Engineer, Highways Department, Constructions and Maintenance Circle, Salem 636 004

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W.P.No.3434 of 2026

P.T.ASHA, J.,

srn

W.P.No.3434 of 2026 and W.M.P.No.3864 of 2026

04.02.2026

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