Kerala High Court
Aboobacker Sidheek vs State Of Kerala on 1 February, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 1ST DAY OF FEBRUARY 2024 / 12TH MAGHA, 1945
WP(C) NO. 3912 OF 2024
PETITIONER(S):
1 ABOOBACKER SIDHEEK
AGED 52 YEARS, SON OF BEERAN PURAYIL,
RESIDING AT PURAYIL HOUSE, CHERUVADI POST, MAVOOR,
KOZHIKODE DISTRICT - 673 661., REPRESENTED BY HIS POWER
OF ATTORNEY HOLDER MUHAMMED SUHAIL A.P., SON OF ABDUL
MAJEED A.P., AGED 32 YEARS, RESIDING AT ARIMBRA
PUTHUSSERY HOUSE, CHATHAPARAMBIL, KODIYATHOOR POST,
KOZHIKODE DISTRICT, PIN - 673602
2 MUJEEB RAHMAN EDAKANDI
AGED 47 YEARS, SON OF ABOOBACKER,
RESIDING AT P.T.HOUSE, PANNICODE P.O., MUKKAM,
KOZHIKODE DISTRICT - 673 602., REPRESENTED BY HIS POWER
OF ATTORNEY HOLDER MUHAMMED SUHAIL A.P., SON OF ABDUL
MAJEED A.P., AGED 32 YEARS, RESIDING AT ARIMBRA
PUTHUSSERY HOUSE, CHATHAPARAMBIL, KODIYATHOOR POST,
KOZHIKODE DISTRICT, PIN - 673602
BY ADVS.
T.MADHU
C.R.SARADAMANI
RENJISH S. MENON
VRINDA T.S.
AISWARYA JAYAPAL
RESPONDENT(S):
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT, LOCAL SELF
GOVERNMENT INSTITUTIONS DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 SUPERINTENDING ENGINEER
MINOR IRRIGATION CIRCLE, KOZHIKODE, PIN - 673005
WP(C) NO.3912 OF 2024
2
3 THE SECRETARY
MUKKAM MUNICIPALITY, MUKKAM P.O.,
KOZHIKODE DISTRICT, PIN - 673602
4 THE MUNICIPAL ENGINEER
MUKKAM MUNICIPALITY, MUKKAM P.O., KOZHIKODE
DISTRICT, PIN - 673602
5 SUPERINTENDING ENGINEER
PWD NORTH CIRCLE, NATIONAL HIGH WAY,
KOZHIKODE, KOZHIKODE DISTRICT, PIN - 673647
6 SUPERINTENDING ENGINEER
MINOR IRRIGATION CIRCLE, KOZHIKODE,
PIN - 673005
BY ADVS.
SMT. DEVISHRI. R. , GP
SRI. SURESH KUMAR KODOTH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 01.02.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO.3912 OF 2024
3
P.V.KUNHIKRISHNAN, J.
------------------------------------
W.P.(C)No.3912 of 2024
-------------------------------------
Dated this the 01st day of February, 2024
JUDGMENT
The above writ petition is filed with the
following prayers;
"i) Issue a writ of certiorari and quash the
Exhibit P14 order No.F1/469/2022 dated
17.03.2023 passed by the fifth respondent, so as
to secure the ends of justice.
(ii) This Hon'ble Court may be pleased to
dispense with filing of the English translation of
Malayalam documents produced in the writ
petition, so as to secure the ends of justice.
(iii) Such other relief's as this Hon'ble Court
may deem fit and proper in the circumstances of
the case." (SIC)
WP(C) NO.3912 OF 2024
2. The petitioners are aggrieved by Ext.P14, in
which an order is passed by the 5 th respondent
blacklisting the petitioners from participating in future
tenders. One of the grievance of the petitioners is that
Ext.P14 is an order passed without giving an
opportunity of hearing to the petitioners.
3. The learned Government Pleader, after
getting instructions submitted that, the authority is
withdrawing Ext.P14 order and a fresh order in
accordance with law will be passed, after giving an
opportunity of hearing to the petitioners. If that be the
case, Ext.P14 order can be set aside.
Therefore, this Writ Petition is allowed with the
following manner;
i. Ext.P14 order is set aside.
ii. I make it clear that the 5 th respondent is free
to pass appropriate orders in accordance with
WP(C) NO.3912 OF 2024
law, after giving an opportunity of hearing to
the petitioners.
iii. The petitioners are free to raise all the
contentions raised in this writ petition before
the appropriate authorities, once a notice is
received.
Sd/-
P.V.KUNHIKRISHNAN
nvj JUDGE
WP(C) NO.3912 OF 2024
APPENDIX OF WP(C) 3912/2024
PETITIONER EXHIBITS
EXHIBIT-P1 THE TRUE COPY OF THE DEED OF
PARTNERSHIP DATED 11/2/2016 OF THE
PARTNERSHIP FIRM BY NAME PURAYIL
GROUP CONSTRUCTION
EXHIBIT-P2 THE TRUE COPY OF THE MEMORANDUM
ACKNOWLEDGING RECEIPT OF DOCUMENT OF
THE FIRM PURAYIL GROUP CONSTRUCTION
EXHIBIT-P3 THE TRUE COPY OF THE AGREEMENT DATED
25/10/2021 ENTERED INTO BETWEEN THE
FOURTH RESPONDENT AND PURAYIL GROUP
CONSTRUCTION
EXHIBIT-P4 THE TRUE COPY OF THE LETTER DATED
12/5/2022 ISSUED BY THE FOURTH
RESPONDENT TO THE CONTRACTOR
EXHIBIT-P5 THE TRUE COPY OF THE REPLY DATED
16/5/2022 ISSUED BY THE PETITIONERS
TO THE FOURTH RESPONDENT
EXHIBIT-P6 THE TRUE COPY OF THE JUDGMENT DATED
3/6/2022 IN W.P.(C)NO.16205/2022 ON
THE FILES OF THIS HONOURABLE COURT
EXHIBIT-P7 THE TRUE COPY OF THE ORDER DATED
13/7/2022 BEARING NO.AE-11/22 DATED
13/7/2022 PASSED BY THE FOURTH
RESPONDENT
EXHIBIT-P8 THE TRUE COPY OF THE INTERIM ORDER
DATED 10/8/2022 IN W.P.
(C)NO.25661/2022 ON THE FILES OF
THIS HONOURABLE COURT
EXHIBIT-P9 THE TRUE COPY OF THE ORDER DATED
WP(C) NO.3912 OF 2024
6/10/2022 IN W.P.(C)NO.25661/2022 ON
THE FILES OF THIS HONOURABLE COURT
EXHIBIT-P10 THE TRUE COPY OF THE ORDER DATED
6/1/2023 IN W.P.(C)NO.25661/2022 ON
THE FILES OF THIS HONOURABLE COURT
EXHIBIT-P11 THE TRUE COPY OF THE ORDER BEARING
NO.JS/ESTT/1667/83, DATED 24/9/2021
OF THE SUPERINTENDING ENGINEER,
MINER IRRIGATION CIRCLE, KOZHIKODE
EXHIBIT-P12 THE TRUE COPY OF THE SHOW CAUSE
NOTICE DATED 28/9/2022 ISSUED BY THE
FIFTH RESPONDENT
EXHIBIT-P13 THE TRUE COPY OF THE REPLY DATED
3/10/2022 ISSUED BY THE MANAGING
PARTNER, PURAYIL GROUP CONSTRUCTION
TO THE FIFTH RESPONDENT
EXHIBIT-P14 THE TRUE COPY OF THE ORDER DATED
17/3/2023 PASSED BY THE FIFTH
RESPONDENT
EXHIBIT15 THE TRUE COPY OF THE REPRESENTATION
DATED 9/6/2023 SUBMITTED BY THE
PETITIONERS BEFORE THE FIFTH
RESPONDENT
EXHIBIT-P16 THE TRUE COPY OF THE ORDER DATED
16/8/2022 IN CHAUHAN BUILDERS
RAIBARELI VS. STATE OF UTTER PRADESH
AND OTHERS REPORTED IN 2022 LIVE LAW
(SC) 694
EXHIBIT-P17 THE TRUE COPY OF THE RELEVANT
PORTION OF THE TENDER IN RESPECT OF
THE MINI CIVIL STATION, PANOOR
DOWNLOADED FROM THE INTERNET
WP(C) NO.3912 OF 2024
EXHIBIT-P18 THE TRUE COPY OF THE RELEVANT
PORTION OF THE TENDER IN RESPECT OF
THE CONSTRUCTION OF THE FIRE AND
RESCUE STATION, PANOOR DOWNLOADED
FROM THE INTERNET
EXHIBIT-P19 THE TRUE COPY OF THE TENDER SUMMERY
OF GENERAL CONSTRUCTION OF CHAIN
LINKED COMPOUND WALL FOR GOVERNMENT
ARTS AND SCIENCE COLLEGE, CHOKLI
DOWNLOADED FROM THE INTERNET
RESPONDENTS EXHIBITS : NIL
//TRUE COPY// PA TO JUDGE
