A writ petition filed by a contractor challenging a proposed blacklisting notice was disposed of on admission. The High Court recorded the settlements and directed the petitioner to submit objections within one week.
Petitioner directed to submit objections within one week of receipt of judgment.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
WEDNESDAY, THE 20TH DAY OF JANUARY 2021 / 30TH POUSHA, 1942
WP(C).No.1088 OF 2021(I)
PETITIONER:
N.ANILKUMAR, AGED 57 YEARS S/O. NANUKUTTAN PANICKER, CONTRACTOR, NARAYANA VILASOM, IRIMBIL, NEYYATTINKARA, THIRUVANANTHAPURAM-695 121
BY ADVS. SRI.P.B.KRISHNAN SRI.P.B.SUBRAMANYAN SRI.SABU GEORGE SRI.MANU VYASAN PETER
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001
2 NEYYATTINKARA MUNICIPALITY, REPRESENTED BY ITS SECRETARY, NEYYATTINKARA P.O, THIRUVANANTHAPURAM-695 121
5 SUPERINTENDING ENGINEER, LOCAL SELF GOVERNMENT DEPARTMENT, UNIVERSITY OF KERALA SENATE HOUSE CAMPUS, PALAYAM, THIRUVANANTHAPURAM-695 033
BY SHRI.R.T.PRADEEP, SC
OTHER PRESENT:
SMT.VINITHA.B, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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J U D G M E N T
Petitioner, who is a Contractor and who was
awarded the work of Chakaloor Kurakodu Road Metalling and Tarring in Elavanikara Ward under the second respondent Municipality, has filed this writ petition aggrieved by Ext.P8 notice dated 11.12.2020 proposing to include him in the black list. The petitioner says that he received Ext.P8 notice on 28.12.2020 and that he has also not received the notices mentioned in
Ext.P8. He is aggrieved by the proposal for blacklisting saying that said decision has been already taken without issuing him any notice or intimating any reason behind it.
appearing for the second respondent submits that any decision would be taken with respect to the black
listing only after hearing the petitioner and Ext.P8 is only a show cause notice. Petitioner would be free
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to submit his objection against Ext.P8. Petitioner has already submitted Ext.P9 reply. In case petitioner has to raise any further objection, he shall submit the same within a period of 'one week' from the date of receipt of a copy of the judgment.
The writ petition is accordingly disposed of recording the submission of the learned counsel for the Municipality and allowing the petitioner to submit his objection within a period of 'one week' from the date of receipt of a copy of the judgment.
Sd/- P.V.ASHA, JUDGE
AS
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APPENDIX
PETITIONER'S EXHIBITS:
| EXHIBIT P1 | TRUE COPY OF THE TENDER SUMMARY REPORTS FROM THE E-TENDERING SYSTEM OF THE GOVERNMENT OF KERALA, DATED 23.11.2020. |
|---|---|
| EXHIBIT P2 | TRUE COPY OF THE SELECTION NOTICE DATED 12.11.2018. |
| EXHIBIT P3 | TRUE COPY OF THE AGREEMENT DATED 21.11.2018 EXECUTED BETWEEN RESPONDENT NO.4 ON BEHALF OF RESPONDENT NO.2 AND THE PETITIONER. |
| EXHIBIT P4 | TRUE COPY OF THE WORK ORDER ISSUED BY RESPONDENT NO.4 ON 21.11.2018. |
| EXHIBIT P5 | TRUE COPY OF THE LETTER DATED 24.04.2019 ISSUED BY THE PETITIONER TO RESPONDENT NO.4. |
| EXHIBIT P6 | TRUE COPY OF THE LETTER DATED 18.09.2019 ISSUED BY THE PETITIONER TO RESPONDENT NO.3. |
| EXHIBIT P7 | TRUE COPY OF THE LETTER DATED 16.03.2020 ISSUED BY THE PETITIONER TO RESPONDENT NO.3. |
| EXHIBIT P8 | TRUE COPY OF THE NOTICE DATED 11.12.2020 ISSUED BY RESPONDENT NO.3 TO THE PETITIONER. |
| EXHIBIT P9 | TRUE COPY OF THE LETTER DATED 04.01.2021 SEND BY THE PETITIONER TO RESPONDENT NO.3. |
| EXHIBIT P10 | TRUE COPY OF THE POSTAL RECEIPT DATED 05.01.2021. |
| EXHIBIT P11 | TRUE COPY OF THE RELEVANT PORTION OF THE PWD MANUAL CONTAINING SECTIONS 2208.9 TO 2301.1 |
1 issue framed by the court
Whether the petitioner should be allowed to file objections against the proposed blacklisting notice before it is finalized.
N.Anilkumar
State of Kerala
Neyyattinkara Municipality
Assistant Executive Engineer, Neyyattinkara Municipality
Assistant Engineer, Neyyattinkara Municipality
Superintending Engineer
V.Asha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
