IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 3260 of 2011(F)
1. AMBILI B.,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. THE SECRETARY,
3. THE CHIEF ENGINEER,
4. THE EXECUTIVE ENGINEER,
5. THE ASSISTANT EXECUTIVE ENGINEER,
6. THE ASSISTANT ENGINEER,
For Petitioner :SRI.AJITH KRISHNAN
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :01/02/2011
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) NO. 3260 OF 2011
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Dated this the 1st day of February, 2011
J U D G M E N T
Petitioner claims to be a PWD Contractor. Initially, Ext.P3
order was passed blacklisting the petitioner. That was challenged
before this Court, which resulted in Ext.P4 judgment. Ext.P3 order
was set aside on the ground that the order was passed without
issuing notice to the petitioner and the respondents were directed
to pass fresh orders in the matter with notice to the petitioner.
Petitioner submits that, so far fresh proceedings have not been
initiated and that his registration as a contractor remains valid. It
is stated that, meanwhile tenders were invited by the 4th
respondent and when the petitioner attempted to submit his
tender, that is refused to be accepted on the ground that proposal
for blacklisting is pending. It is aggrieved by the above, the writ
petition is filed.
2. If as stated by the petitioner, no order of blacklisting
has been issued, petitioner’s registration as contractor remains
valid and he is entitled to participate in the tender. Therefore, I
direct that, if order of blacklisting pursuant to the judgment
WPC No. 3260/11
:2 :
referred to above has not been passed and if the petitioner is
otherwise qualified, it will be open to the petitioner to submit his
tender to the 4th respondent, in which event, such tender will also
be considered in accordance with law.
3. Petitioner may produce a copy of this judgment along
with a copy of this writ petition before the 4th respondent for
compliance.
Writ petition is disposed of as above.
ANTONY DOMINIC, JUDGE
Rp