Madras High Court
Abdul Muthaleef vs The Director on 14 July, 2021
W.P.(MD).Nos.11703 to 11706 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 14.07.2021
CORAM:
THE HON'BLE MR.JUSTICE N.ANAND VENKATESH
W.P.(MD).Nos.11703 to 11706 of 2021
and
W.M.P.(MD).Nos.9204, 9209, 9210, 9212 & 9213 of 2021
Abdul Muthaleef ... Petitioner in W.P.(MD)No.11703 of 2021
Baluchamy ... Petitioner in W.P.(MD)No.11704 of 2021
Kandan ... Petitioner in W.P.(MD)No.11705 of 2021
P.Shajahan ... Petitioner in W.P.(MD)No.11706 of 2021
Vs.
1.The Director,
Directorate of Panchayat and Rural Development,
Chennai.
2.The District Collector,
Madurai District,
Madurai.
3.The Commissioner,
Kotampatti Panchayat Union,
Melur Taluk,
Madurai. ... Respondents in all WPs
Common Prayer: Writ petitions filed under Article 226 of the
Constitution of India, for the issuance of Writ of Certiorari, calling for
the records relating to the impugned order of blacklisting of the
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W.P.(MD).Nos.11703 to 11706 of 2021
petitioners made by the third respondent in his proceedings in Na.Ka.No.
855/2021/A2, dated 05.05.2021 and quash the same as illegal.
For Petitioners : Mr.M.Mahaboob Athiff (in all WPs)
For R1 & R2 : Mr.M.Lingadurai
Government Advocate (in all WPs)
For R3 : Mr.B.Saravanan (in all WPs)
COMMON ORDER
On consent given by either side, the main Writ Petitions are
taken up for final hearing.
2. The issue involved in all these Writ Petitions are common
and hence, they are taken up together, heard and disposed of through this
common order.
3. The petitioners are registered contractors, who are
undertaking works in the third respondent Panchayat Union for a long
time. The grievance of the petitioners is that the third respondent by
virtue of the impugned proceedings dated 05.05.2021 has straight away
blacklisted all the petitioners and thereby, the petitioners have been
disabled from taking any contract works from the Panchayat Union.
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W.P.(MD).Nos.11703 to 11706 of 2021
Aggrieved by the same, all these Writ Petitions have been filed before
this Court.
4. Heard Mr.M.Mahaboob Athiff, learned counsel appearing
for the petitioners, Mr.M.Lingadurai, learned Government Advocate
appearing for the respondents 1 and 2 and Mr.B.Saravanan, learned
counsel takes notice for the third respondent.
5. It is seen from records that the third respondent has
straight away passed the order blacklisting the petitioners without issuing
any notice to the petitioners and without affording any opportunity. It is
now a well settled law that blacklisting a contractor results in civil
consequences and hence, such an order cannot be passed without
affording opportunity to the concerned person. Useful reference can be
made to the Judgment of the Hon'ble Supreme Court in the case of Joint
Action Committee of Air Line Pilots' Association of India (ALPAI) and
others Vs. Director General of Civil Aviation and others reported in
(2011) 5 SCC 435 and in the case of Gorkha Security Services Vs.
Government (NCT of Delhi) and Others reported in (2014) 9 SCC 105.
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W.P.(MD).Nos.11703 to 11706 of 2021
6. In view of the above, the impugned proceedings issued by
the third respondent stands vitiated, since it is in violation of principles
of natural justice. Therefore, the impugned proceedings of the third
respondent requires the interference of this Court and accordingly, the
same is quashed.
7. If the third respondent wants to initiate proceedings
against the petitioners for blacklisting them, it is left open to the third
respondent to issue a proper notice to the petitioners and call for their
explanation and after affording them opportunity, orders can be passed
strictly in accordance with law.
8. All these Writ Petitions are allowed accordingly. No
costs. Consequently, connected miscellaneous petitions are closed.
14.07.2021
Index :Yes/No
Internet : Yes/No
tsg
NOTE: In view of the present lock down owing to
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W.P.(MD).Nos.11703 to 11706 of 2021
COVID-19 pandemic, a web copy of the order may be
utilized for official purposes, but, ensuring that the copy of
the order that is presented is the correct copy, shall be the
responsibility of the advocate/litigant concerned.
To
1.The Director,
Directorate of Panchayat and Rural Development,
Chennai.
2.The District Collector,
Madurai District,
Madurai.
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W.P.(MD).Nos.11703 to 11706 of 2021
N.ANAND VENKATESH.J.,
tsg
Common Order made in
W.P.(MD).Nos.11703 to 11706 of 2021
Dated :
14.07.2021
https://www.mhc.tn.gov.in/judis/
