Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH WEDNESDAY, THE 23RD DAY OF MARCH 2022 / 2ND CHAITHRA, 1944 WP(C) NO. 9317 OF 2022 PETITIONER:
SANTHOSH N.C.
AGED 52 YEARS NALINI MANDIRAM, VADAKKEVILA P.O., VADAKKEVILA, KOLLAM, PIN - 691010 BY ADVS.
R.N.SANDEEP KEERTHI VIJAYAN RESPONDENT:
KERALA STATE ELECTRICITY BOARD - KSEB REPRESENTED BY ITS SECRETARY VAIDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM, PIN – 695015 SRI. B. PRAMOD (SC) KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.9317 OF 2022 2 JUDGMENT Dated this the 23rd day of March, 2022 The petitioner, a petty Contractor, who has undertaken the works of Kerala State Electricity Board, has approached this Court seeking to direct the respondent to remove the petitioner from the blacklist and allow the petitioner to participate in the tenders floated by the respondent.
2.
The learned Standing Counsel entered appearance on behalf of the respondent and, on instructions, submitted that the petitioner is not blacklisted so far. However, proceedings are pending against the petitioner for blacklisting. A final decision on the blacklisting will be taken only after complying with the principles of natural justice. In that view of the matter, no further orders are required in this writ petition.
3.
The learned counsel for the petitioner submitted that though the petitioner is not blacklisted, the officials under the 2nd respondent are not permitting the petitioner to participate in the
WP(C) NO.9317 OF 2022 3 pending proceedings. It is made clear that as long as proceedings are not initiated with notice to the petitioner for blacklisting complying with the principles of natural justice, the petitioner shall not be prohibited from participating in tenders.
The writ petition is disposed of as above.
sd/- N.NAGARESH JUDGE hmh
WP(C) NO.9317 OF 2022 4 APPENDIX OF WP(C) 9317/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE REPRESENTATION DATED 21/11/2021 GIVEN BY THE PETITIONER TO GST DEPARTMENT Exhibit P2 TRUE COPY OF THE NEWSPAPER REPORT RESPONDENT’S EXHIBITS NIL