High Court Kerala High Court

P.L. Antony vs The State Of Kerala Represented By on 28 May, 2010

Kerala High Court
P.L. Antony vs The State Of Kerala Represented By on 28 May, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 14001 of 2004(P)


1. P.L. ANTONY, PWD CONTRACTOR,
                      ...  Petitioner

                        Vs



1. THE STATE OF KERALA REPRESENTED BY
                       ...       Respondent

2. THE DISTRICT COLLECTOR, PALAKKAD.

3. THE EXECUTIVE ENGINEER, IRRIGATION

4. THE EXECUTIVE ENGINEER,

                For Petitioner  :SRI.K.L.VARGHESE

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :28/05/2010

 O R D E R
                             S. Siri Jagan, J.
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                      W.P(C) No. 14001 of 2004
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               Dated this, the 28th day of May, 2010.

                            J U D G M E N T

The petitioner is aggrieved by Ext. P5, whereby the petitioner

has been proposed to be blacklisted on account of certain defects in

the work done by him. The petitioner inter alia contends that such a

drastic step attracting civil consequences to the petitioner could not

have been taken without affording an opportunity of being heard,

which is the settled law. In view of the said specific contention raised

by the petitioner, I asked the learned Government Pleader as to

whether it is correct that the petitioner was not heard before

blacklisting him. The learned Government Pleader submits that Ext.

P5 is not an order blacklisting the petitioner but only a proposal and

the order of blacklisting has to be passed by the appropriate

authority, which the District Collector is not.

In view of the same, this writ petition is disposed of with a

direction to the appropriate authority to consider the matter of

blacklisting the petitioner and pass orders in respect of the same after

affording an opportunity of being heard to the petitioner as

expeditiously as possible, at any rate, within three months from the

date of receipt of a copy of this judgment.

Sd/- S. Siri Jagan, Judge.

Tds/