Kerala High Court
N.Anilkumar vs State Of Kerala on 20 January, 2021
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
3 THE ASST. EXECUTIVE ENGINEER,
NEYYATTINKARA MUNICIPALITY, NEYYATTINKARA P.O,
THIRUVANANTHAPURAM-695 121
4 THE ASST. ENGINEER,
NEYYATTINKARA MUNICIPALITY 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:
WP(C).No.1088 OF 2021(I)
2
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.
2. Shri R.T.Pradeep, learned Standing Counsel
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
WP(C).No.1088 OF 2021(I)
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
WP(C).No.1088 OF 2021(I)
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
