The petitioner challenged a blacklisting order passed by the Chief Engineer. The Court quashed the order, holding that it was issued without a show cause notice and by an authority not competent to pass such punitive orders under the relevant rules.
The impugned order dated 23.05.2024 bearing ref No.Lr.No.CE/DB/103/2014 stands quashed.
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.
W.P.No.25440 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.02.2025
CORAM :
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.P.No.25440 of 2024 and W.M.P.No.27808 of 2024
M/s CMK Projects Pvt. Ltd R.S.F.No.C23/52, VCTC Road Erode – 638 003. Represented by its Director C.K.Balasubramaniam .. Petitioner
Vs.
1.The Government of Tamil Nadu Rep.by its Secretary Housing and Urban Development Department Fort St, Chennai – 600 009. 2.The Chief Engineer Public Works Department, Tamil Nadu Government Coimbatore Zone Coimbatore – 641 001.
3.The Managing Director Tamil Nadu Police Housing Corporation Ltd (Government of Tamil Nadu Undertaking) No.132, E.V.R.Salai, Kilpauk Chennai – 600 010.
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W.P.No.25440 of 2024
4.The Chief Engineer Tamil Nadu Police Housing Corporation Ltd (Government of Tamil Nadu Undertaking) No.132, E.V.R.Salai, Kilpauk Chennai – 600 010. .. Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Certiorari, to call for the records of the impugned order by the 4th respondent vide letter No.Lr.No.CE/DB/103/2014 dated 23.05.2024 and to quash the same and pass such further or other orders.
For the Petitioner : Mr.A.K.Sriram, Senior Counsel for Mr.Thirumalai Rajagopal For the Respondents : Mr.M.Suresh Kumar Additional Advocate General Assisted by Mr.Santhosh Standing Counsel for RR3 & 4 Mr.E.Vijay Anand Additional Government Pleader For RR1 & 2
ORDER
This Writ Petition is filed challenging the impugned order passed by the 4th respondent vide letter No.Lr.No.CE/DB/103/2014 dated 23.05.2024 and to
quash the same.
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W.P.No.25440 of 2024
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W.P.No.25440 of 2024
(i) The impugned order dated 23.05.2024 bearing ref No.Lr.No.CE/DB/103/2014 stands quashed; However, the Chairman and the Managing Director of the Tamil Nadu Police Housing Corporation Ltd will be at liberty to pass orders afresh, in the manner known to law, if the necessity is still exists;
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(ii) No costs. Consequently, the connected miscellaneous petition is closed.
07.02.2025 Neutral Citation : No Jer To 1.The Secretary Government of Tamil Nadu Housing and Urban Development Department Fort St, Chennai – 600 009. 2.The Chief Engineer Public Works Department, Tamil Nadu Government Coimbatore Zone Coimbatore – 641 001. 3.The Managing Director Tamil Nadu Police Housing Corporation Ltd (Government of Tamil Nadu Undertaking) No.132, E.V.R.Salai, Kilpauk Chennai – 600 010. 4.The Chief Engineer Tamil Nadu Police Housing Corporation Ltd (Government of Tamil Nadu Undertaking) No.132, E.V.R.Salai, Kilpauk Chennai – 600 010.
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W.P.No.25440 of 2024
D.BHARATHA CHAKRAVARTHY, J.
Jer
W.P.No.25440 of 2024
07.02.2025
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3 issues framed by the court
Whether the Chief Engineer had the jurisdiction to pass an order blacklisting an approved contractor.
Whether the order of blacklisting was issued without affording an opportunity of hearing to the petitioner.
Whether the blacklisting order passed by the Chief Engineer was void ab initio.
2 provisions across 2 enactments
M/s CMK Projects Pvt. Ltd
The Government of Tamil Nadu
The Chief Engineer Public Works Department
The Managing Director Tamil Nadu Police Housing Corporation Ltd
The Chief Engineer Tamil Nadu Police Housing Corporation Ltd
D. Bharatha Chakravarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
