BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23/08/2011 CORAM THE HONOURABLE Mr.JUSTICE JUSTICE VINOD K.SHARMA W.P.(MD)No.10563 of 2008 and M.P.(MD)Nos.3,4 and 5 of 2008 1.S.Palani 2.B.Rengarajan 3.R.Pannerselvam 4.T.Pannerselvam 5.R.Sekar 6.R.Tamilselvan 7.G.Ganesan ... Petitioners Vs. 1.The State of Tamil Nadu, Rep.by its Secretary to Government, Municipal Administration and Water Supply Department, Fort St.George, Chennai 600 009. 2.The Tamil Nadu Water Supply and Drainage Board, Rep.by the Managing Director, Kamaraj Salai, Chepauk, Chennai 600 005. 3.The Chief Engineer, Tamil Nadu Water Supply and Drainage Board, Eastern Region, Medical College Road, Eashwari Nagar, Medical College Road, Eashwari Nagar, Thanjavur. 4.The Engineering Director, Tamil Nadu Water Supply and Drainage Board, Kamaraj Salai, Chepauk, Chennai 600 005. 5.The Superintending Engineer, Tamil Nadu Water Supply and Drainage Board, Thanjavur Circle, No.5, VOC Nagar, Thanjavur. 6.The Superintending Engineer, Tamil Nadu Water Supply and Drainage Board, Trichy - Pudukkottai Circle, Trichy. ... Respondents Prayer This Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to the proceedings of the 3rd respondent having proc.No.48/F.Enlist (Black List)/JDO 2/2008, dated 28.10.2008 and quash the same and consequently direct the respondents to continue to treat the petitioners as a registered contractor of the Tamil Nadu Water Supply and Drainage Board being entitled to receive the tender forms for all the tenders to be floated by the Tamil Nadu Water Supply Drainage Board for execution of the work of Tamil Nadu Water Supply and Drainage Board. !For Petitioner ... Mr.S.Karthick ^For Respondents ... Mr.M.Ajmal Khan for R2 to R6 :ORDER
The petitioner has invoked the jurisdiction of this Court under Article
226 of the Constitution of India with a prayer for issuance of a Writ, in the
nature of Cetiorari, to quash the order dated 28.10.2008, passed by the Chief
Engineer, TWAD Board blacklisting the petitioner along with other contractors.
2.The impugned order reads as under:
“PROCEEDING OF THE CHIEF ENGINEER, TWAD BOARD
EASTERN REGION, NO.39, EASWARI NAGAR,
MEDICAL COLLEGE ROAD, THANJAVUR 613 004
PRESENT: Er.B.Hariharasubramanian, ME,MBA,FIE
Proc.No.48/F.Enlist (Blacklist)/JDO 2/2008/Dt.28.10.2008
Sub:Contracts – TWAD Board – Execution division, Kumbakonam – certain
irregularities and malpractices committed by the contractors in the construction
of over head tanks in Thanjavur, Thiruvarur and Nagapattinam District during the
year 1998-2001 – Black listing of – contractors – orders issued – reg.
Ref:1.Secretary to Govt.(MA&WS)Secretariat, Chennai. Lr.No.2(D) No:58
Dt.23.04.2008, addressed to Managing Director, TWAD Board, Chennai.
2.Engineering Director/TWAD Board/Chennai, Lr.No.30752/COM/SD01/2008
Dt.22.09.2008.
In the reference (1) cited the Principal Secretary to Government stated
that the investigating authority has brought to the notice of the Government,
certain irregularities and malpractice in the construction of over head tanks in
Thanjavur, Thiruvarur and Nagapattinam Districts by the Contractors of TWAD
Board, Execution Division, Kumbakonam. (Defunct).
The Secretary to Government has also state that 29 Contractors (list
enclosed) have come to adverse notice in this case and the Principal Secretary
to Government as per finding of investigating authority request the Board to
Black list the above contractors.
In the Engineering Director’s letter vide reference (2) nd. cited it is
instructed to take immediate action to black list the contractor listed in the
Government letter as per G.O.No.SS.1658-10/79 Public SC Department dt.31.10.80
and B.P.Ms.No.410/ dt.24.07.81.
In pursuance of the instructions given by the Government letter in the
reference cited, I hereby order to Blacklist the following contractors as listed
in the Government letter cited and as per findings of investigating authority so
as not to enter into or involve any business dealing with them.”
3.The only ground of challenge, is that before passing an order, effecting
the civil right of the petitioner, no notice or opportunity of hearing was
given, nor it has been disclosed as to which malpractice was attributed to the
petitioner.
4.The impugned order, being arbitrary and having been passed in violation
of principles of natural justice, cannot be sustained.
5.Consequently, this Writ is allowed and the impugned is set aside.
6.However, it shall be open to the respondents to take appropriate action
by following due process of law, if any material is available against the
petitioner. No costs. Consequently, connected M.Ps.are closed.
nbj
To
1.The Secretary to Government,
Municipal Administration and Water Supply Department,
Fort St.George, Chennai 600 009.
2.The Managing Director,
The Tamil Nadu Water Supply and Drainage Board,
Kamaraj Salai, Chepauk, Chennai 600 005.
3.The Chief Engineer,
Tamil Nadu Water Supply and Drainage Board,
Eastern Region,
Medical College Road,
Eashwari Nagar,
Medical College Road,
Eashwari Nagar, Thanjavur.
4.The Engineering Director,
Tamil Nadu Water Supply and Drainage Board,
Kamaraj Salai,
Chepauk, Chennai 600 005.
5.The Superintending Engineer,
Tamil Nadu Water Supply and Drainage Board,
Thanjavur Circle,
No.5, VOC Nagar,
Thanjavur.
6.The Superintending Engineer,
Tamil Nadu Water Supply and Drainage Board,
Trichy – Pudukkottai Circle, Trichy.