Kerala High Court
M/S Sangrose Laboratories Pvt Ltd vs State Of Kerala on 1 August, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 1ST DAY OF AUGUST 2023 / 10TH SRAVANA, 1945
WP(C) NO. 24936 OF 2023
PETITIONER:
M/S SANGROSE LABORATORIES PVT LTD,
INDUSTRIAL ESTATE, KALLIMEL P.O,
MAVELIKKARA, KERALA -690509.
REPRESENTED BY ITS MANAGING DIRECTOR
C.K. ALEXANDER.
BY ADVS.
P.VINODKUMAR
PARVATHI VENUGOPAL
HARITHA HARIDAS
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY,
HEALTH AND FAMILY WELFARE DEPARTMENT,
GOVT. OF KERALA,
THIRUVANANTHAPURAM ., PIN - 695001
2 THE MANAGING DIRECTOR
KERALA MEDICAL SERVICE CORPORATION LTD.,
THYKKAD P.O, THIRUVANANTHAPURAM - 695014.
OTHER PRESENT:
SRI. M.AJAY, SC,
SRI. B.S.SYAMANTAK, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 01.08.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C).No.24936/2023
2
P.V.KUNHIKRISHNAN, J.
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W.P.(C).No.24936 of 2023
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Dated this the 01st day of August, 2023
JUDGMENT
This writ petition is filed with following prayers:
a) To call for all records leading up to passing the
Ext-P1 and P2 Orders to the extend of blacklisting
the Petitioner for a Period of three years and
quash the same by issuing a Writ of Certiorari or
any other Writ or Order.
b) To declare that blacklisting the Petitioner for a
period of 3 years overlooking the criteria fixed
under the GFRs 2017 is in violation of Article 14
of the Constitution of India.
c) To Issue a Writ of Mandamus or any Other Writ or
Order directing the 2nd respondent to consider
and pass orders on Ext-P4 at the earliest.
d) to pass such other Orders as this Hon'ble Court
may deem fit and proper for the effective
adjudication of the Case.
(SIC)
2. The main prayer in this writ petition is against
extending the blacklisting of the petitioner for a period of
WP(C).No.24936/2023
three years. Though petitioner submitted Ext.P4
representation before the 2nd respondent narrating their
grievance, the same is also not considered. Hence this writ
petition.
3. Heard the learned counsel for the petitioner and
the learned Standing Counsel for the 2nd respondent. I also
heard the learned Government Pleader.
4. The Standing Counsel for the 2nd respondent
submitted that the debarment is only upto 29.11.2023 even as
per Exts.P1 and P2 orders. It is also submitted that Ext.P3 is
not applicable to the 2nd respondent. If that be the case,
without expressing any opinion on merit, there can be a
direction to the 2nd respondent to consider Ext.P4 with notice
to the petitioner.
Therefore, this writ petition is disposed of in the
following manner:
1. The 2nd respondent is directed to consider and
pass appropriate orders in Ext.P4, after
affording an opportunity of hearing to the
petitioner, as expeditiously as possible, at any
rate, within six weeks from the date of receipt of
WP(C).No.24936/2023
a stamped certified copy of this judgment.
2. The petitioner will produce a stamped certified
copy of this judgment along with a copy of this
writ petition before the 2nd respondent for
compliance.
sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
WP(C).No.24936/2023
APPENDIX OF WP(C) 24936/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE ORDER PASSED BY THE
2ND RESPONDENT NO.
KMSCL/DRG/ED/I&II/200-SLPL/ 2020,
THIRUVANANTHAPURAM DATED 29.11.2020
Exhibit P2 TRUE COPY OF THE ORDER G.O (RT) NO.
688/2021/H&FWD DATED 18.03.2021 PASSED
BY THE 1ST RESPONDENT
Exhibit P3 TRUE COPY OF THE OFFICE MEMORANDUM
EXTRACTING THE PROVISIONS OF THE
GENERAL FINANCE RULES,2017 DATED
2/11/2021
Exhibit P4 TRUE COPY OF THE PETITION MADE TO THE
2ND RESPONDENT DATED 19/7/2023
