Madras High Court
T.P.S. Construction Company vs The Superintending Engineer on 24 September, 2025
Author: M.Dhandapani
Bench: M.Dhandapani
WP No. 36519 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24-09-2025
CORAM
THE HONOURABLE MR JUSTICE M.DHANDAPANI
WP No. 36519, 36523 & 36526 of 2025
W.P.No.36519 of 2025:
T.P.S. Construction Company
Rep. By Its Managing Partner ,
Mr.T.P.S.Sekar, Having Its Office At
39/3a 1, Dharmapuri Main Road,
Sikkanampatti Village, Kadayampatti,
Salem Tamil Nadu 636 309.
Petitioner(s)
Vs
1. The Superintending Engineer
Highways Department,
Construction And Maintenance,
Steel Plant Road, Jahir Ammapalayam,
Salem 636 302.
2.The Divisional Engineer
Highways Department,
Construction And Maintenance,
Krishnagiri Division,
Krishnagiri 635 001
Respondent(s)
https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/09/2025 03:09:38 pm )
WP No. 36519 of 2025
WP No. 36523 of 2025;
T.P.S. Construction Company
Rep. By Its Managing Partner ,
Mr.T.P.S.Sekar,
Having Its Office At 39/3A, 1,
Dharmapuri Main Road,
Sikkanampatti Village,
Kadayampatti, Salem.
Petitioner(s)
Vs
1. The Superintending Engineer,
Highways Department,
Construction And Maintenance,
Steel Plant Road,
Jahir Ammapalayam, Salem 636 302.
2.The Divisional Engineer
Highways Department,
Construction And Maintenance,
Dharmapuri Division,
Dharmapuri 636 705
Respondent(s)
WP No. 36526 of 2025
T.P.S.Construction Company
Rep. By Its Managing Partner ,
TPS. Sekar, Having Its Office At 39/3a
1, Dharmapuri Main Road,
Sikkanampatti Village, Kadayampatti,
Salem Tamil Nadu 636 309
Petitioner(s)
Vs
https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/09/2025 03:09:38 pm )
WP No. 36519 of 2025
1. The Superintending Engineer
Highways Department,
Construction And Maintenance,
Steel Plant Road,
Jahir Ammapalayam, Salem 636 302
2.The Divisional Engineer
Highways Department,
Construction And Maintenance,
Krishnagiri Division,
Krishnagiri 635 001
Respondent(s)
PRAYER in WP No. 36519 of 2025: This writ petition is filed under Article
226 of Constitution of India, to issue a Writ of Mandamus to direct the 2nd
respondent to forthwith issue the work site inspection certificate and the
working condition of plants and machinery certificate to the petitioner based on
their application dated 6.09.2025 to enable the petitioner to participate in the
tender for the work of Widening from multi lane to four lane and strengthening
at Km 28/750- 31/0 36/0 and 28/4 39/320 of Rayakottai - Athipalli road
including Construction of Drain, Providing Median including CD works at Km
28/10 (i) (ii) 29/10 38/6 38/10 (i) (ii) pursuant to Tender Notice No. 18/ 2025-
2026/ HDO dated 18.08.2025 which was officially published on 29.08.2025 in
http// tntenders. gov.in/ nicgep/ app issued by the 1st respondent.
PRAYER in WP No. 36523 of 2025; This writ petition is filed under Article
226 of Constitution of India, to issue a Writ of Mandamus to direct the 2nd
respondent to forthwith issue the work site inspection certificate and the
working condition of plants and machinery certificate to the petitioner based on
their application dated 6.09.2025 to enable the petitioner to participate in the
tender for the work of Widening from two lane to four lane and strengthening at
Km 49/ 0- 50/8 60/0 - 63/0 Km 69/0 of Thiruvannamalai Arur (Via) Thanipadi
https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/09/2025 03:09:38 pm )
WP No. 36519 of 2025
Road, including construction of CD works , widening providing jun
improvement and providing centre median pursuant to Tender Notice No. 18/
2025- 2026/ HDO dated 18.08.2025 which was officially published on
29.08.2025 in http// tntenders. gov.in/ nicgep/ app issued by the 1st respondent.
PRAYER in WP No. 36526 of 2025; This writ petition is filed under Article
226 of Constitution of India, to issue a Writ of Mandamus to direct the 2nd
respondent to forthwith issue the work site inspection certificate and the
working condition of plants and machinery certificate to the petitioner based on
their application dated 6.09.2025 to enable the petitioner to participate in the
tender for the work of Widening from Intermediate lane to four lane and
strengthening at km 0/0- 7/4 of Jandamedu puliyur road including CD works at
km 0/4 1/4 1/10 (i) 1/10 (ii) 2/2 3/2 (i) 3/2 (ii) 3/8 4/4 4/8 and 4/10
providing junction improvement and centre median pursuant to tender Notice
No. 18/ 2025- 2026/ HDO dated 18.08.2025 which was officially published on
29.08.2025 in http// tntenders. gov.in/ nicgep/ app issued by the 1st respondent.
For Petitioner(s): Mr.A.P.Balaji
in all the writ petitions
For Respondent: Mr.P.Kumaresan, AAG
Assisted by Mrs.S.Anitha, SGP
in all the writ petitions
COMMON ORDER
The writ petitions have been filed seeking a direction to the 2nd respondent to forthwith issue the work site inspection certificate and the working condition of plants and machinery certificate to the petitioner based on their application dated 6.09.2025 to enable the petitioner to participate in the tender for the work of Widening from Intermediate lane to four lane for various https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/09/2025 03:09:38 pm ) WP No. 36519 of 2025 places pursuant to tender Notice No. 18/ 2025- 2026/ HDO dated 18.08.2025 which was officially published on 29.08.2025 in http// tntenders. gov.in/ nicgep/ app issued by the 1st respondent.
2. It is the case of the petitioner that the first respondent issued tender vide notification dated 18.08.2025 published on 29.08.2025, inviting bids for widening and strengthening portions of the various roads. The last date for online submission is 30.09.2025. The tender conditions specifically require every bidder to obtain from the jurisdictional divisional engineer both a work site inspection certificate and a certificate regarding the working condition of plants and machinery. The uploading of these certificates along with the bid documents is mandatory and failure to do so results in outright rejection of the tender. Therefore, the petitioner made a representation on 06.9.2025 requesting inspection and issuance of certificates which was acknowledged by the second respondent on 08.09.2025. However, the same was not considered. Hence, the writ petitions have been filed.
3. The learned counsel for the petitioner submitted that this Court may issue a direction to the second respondent to consider the petitioner's representation and pass appropriate orders within the stipulated time as fixed by this Court.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/09/2025 03:09:38 pm ) WP No. 36519 of 2025
4. The learned Additional Government Pleader submitted that the petitioner's representation will be considered and the certificates will be issued immediately.
5. Heard both sides and perused the materials available on record.
6. Considering the facts and circumstances of the case and having regard the submissions made by the learned counsel on either side, this Court directs the second respondent to inspect the petitioner's site and to issue certificates viz., work site inspection certificate and a certificate regarding the working condition of plants and machinery by tomorrow itself before 5.00 P.M.
7. With the above direction, the writ petitions stand disposed of. No costs.
24-09-2025 Rli Note: Issue order copy on 24.09.2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/09/2025 03:09:38 pm ) WP No. 36519 of 2025 M.DHANDAPANI J.
rli To
1.The Superintending Engineer Highways Department, Construction And Maintenance, Steel Plant Road, Jahir Ammapalayam, Salem 636 302
2.The Divisional Engineer Highways Department, Construction And Maintenance, Krishnagiri Division, Krishnagiri 635 001 WP No. 36519, 36523 & 36526 of 2025 24.09.2025 https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/09/2025 03:09:38 pm ) WP No. 36519 of 2025 https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/09/2025 03:09:38 pm )