Udayababu V.S vs Kerala Water Authority
2023 Latest Caselaw 8636 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 9TH DAY OF AUGUST 2023 / 18TH SRAVANA, 1945
                   WP(C) NO. 25426 OF 2023
PETITIONER/S:

          UDAYABABU V.S, AGED 63 YEARS
          VAGHEES TRADING COMPANY, UDHAYAM MAIN RAOD,
          MUDAVOORPARA, BALARAMAPURAM,
          THIRUVANANTHAPURAM, PIN - 695501
          BY ADVS.
          S.MOHAMMED AL RAFI
          THAJUNA MARIA FRANCIS


RESPONDENT/S:

    1     KERALA WATER AUTHORITY
          REPRESENTED BY ITS MANAGING DIRECTOR, JALABHAVAN,
          VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN - 695033
    2     THE SUPERINTENDING ENGINEER
          KERALA WATER AUTHORITY THE OFFICE OF THE
          SUPERINTENDING ENGINEER,PUBLIC HELATH CIRCLE,
          THIRUVANANTHAPURAM, PIN - 695033
    3     THE EXECUTIVE ENGINEER
          KERALA WATER AUTHORITY, PROJECT DIVISION,
          NANDAVANAM, THIRUVANANTHAPURAM, PIN - 695033
OTHER PRESENT:

          SHRI. P.M.JOHNY, SC (KWA)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                      -2-
W.P.(C). No. 25426 of 2023



                              P.V.KUNHIKRISHNAN, J.
                             ======================================================

                               W.P.(C) No. 25426 of 2023
                         =============================================================

                      Dated this the 9th day of August, 2023

                                           JUDGMENT

The above writ petition is filed with following prayers:

"(i) Call for the records leading to Ext P7 and P9 and quash the same by writ of Certiorari.

(ii) Kindly issue direction dispensing with the production of English translation of Malayalam documents.

(iii) Grant such other or further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. " (sic)

2. The petitioner challenges Ext.P7 order by which the

contract with the petitioner was terminated and blacklisted. The

specific case of the petitioner is that the same was passed without

giving an opportunity of hearing. Hence, this writ petition.

3. When this writ petition came up for consideration, this

Court directed the Standing Counsel to get instructions. The Standing

Counsel submitted that several notices were issued to the petitioner

W.P.(C). No. 25426 of 2023

before passing Ext.P7 and the petitioner was aware that if no response

is received from the petitioner, the contract will be terminated.

4. I am of the considered opinion that when an order like

Ext.P7 by which the contract is terminated and the petitioner is

included in the black list a separate notice and a personal hearing is

necessary. Therefore, without making any observation on merit,

Ext.P7 can be set aside and there can be a direction to the 2 nd

respondent to reconsider the matter. I make it clear that I have not

considered the matter on merit and the 2nd respondent is free to pass

appropriate orders, after giving an opportunity of hearing to the

petitioner.

Therefore, this writ petition is disposed of in the following

manner:

1. Ext.P7 is set aside.

2. The 2nd respondent is directed to reconsider the matter after giving sufficient opportunity of hearing to the petitioner, as expeditiously as possible, at any rate, within

W.P.(C). No. 25426 of 2023

one month from the date of receipt of a certified copy of this judgment.

3. The petitioner will produce a stamped certified copy of this judgment together with a copy of this writ petition before the 2nd respondent for compliance.

sd/-

P.V.KUNHIKRISHNAN JUDGE das

W.P.(C). No. 25426 of 2023

APPENDIX OF WP(C) 25426/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SELECTION NOTICE NO.

KWA/PHC/D4-1232/2021 DATED 13/06/2022 ISSUED BY THE 2ND RESPONDENT Exhibit P2 TRUE COPY OF THE AGREEMENT NO.40/22-23 DATED 27/06/2022 EXECUTED BY THE PETITIONER WITH 2ND RESPONDENT Exhibit P3 TRUE COPY OF THE ORDER NO. KWA/PHC/D4-

1232/2021 DATED 10/01/2023 ISSUED BY THE 2ND RESPONDENT Exhibit P4 TRUE COPY OF THE SUPPLEMENT AGREEMENT NO.01/22-23 DATED 11/01/2023 EXECUTED BY THE PETITIONER WITH 2ND RESPONDENT Exhibit5 TRUE COPY OF THE REPRESENTATION DATED 04/07/2023 BY PETITIONER TO THE 2ND RESPONDENT Exhibit P6 TRUE COPY OF THE JUDGMENT DATED 07/07/2023 IN W.P(C) NO.22162/2023 Exhibit P7 TRUE COPY OF THE ORDER NO. KWA/PHC/D4-

1232/21 DATED 06/07/2023 ISSUED BY THE 2ND RESPONDENT Exhibit P8 TRUE COPY OF THE ENVELOPE IN WHICH THE EXT P7 WAS COMMUNICATED TO THE PETITIONER Exhibit P9 TRUE COPY OF THE NEW TENDER NOTICE DATED 25/07/2023 ISSUED BY 2ND RESPONDENT Exhibit P10 TRUE COPY OF THE REPRESENTATION DATED 27/7/2023 SUBMITTED BY THE PETITIONER TO 1ST RESPONDENT