Mary George vs. The Superintending Engineer - Kerala High Court, 08 April 2021

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH THUR AY, THE 08TH DAY OF APRIL 2021 / 18TH CHAITHRA, 1943 WP(C).No.12932 OF 2020(N) PETITIONER: MARY GEORGE, AGED 62 YEARS, W/O. GEORGE EDATHALA, EDATHALA HOUSE, NEELEESWARAM P.O., KALADY, ERNAKULAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT: THE SUPERINTENDING ENGINEER, PUBLIC WORKS DEPARTMENT (PWD ROADS), CENTRAL CIRCLE, ALUVA, ERNAKULAM DISTRICT, PIN - 683 101. SR. GOVERNMENT PLEADER SMT. DEEPA NARAYANAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C)No.12932/2020 2 JUDGMENT Dated this the 08th day of April, 2021 The petitioner, who is a 62 years old person has approached this Court seeking to command the respondent to adjourn the hearing scheduled on 01.07.2020 as per Ext.P10 to a future date so as to enable the son of the petitioner to come down to the State of Kerala after the Covid-19 traveling restrictions are lifted.

By Ext.P10 notice, the petitioner's son, a Class-A PWD Contractor, was required to attend for a hearing on 01.07.2020, in a proceeding intended for black listing him. The petitioner approached this Court stating that due to Covid-19 travel restrictions, his son may not be able to attend the hearing on that day. This Court there upon passed an interim order staying the hearing.

WP(C)No.12932/2020 3

Now the hearing date is already over and the respondent insists that they may be permitted to proceed with the black listing after hearing the petitioner's son.

The learned counsel for the petitioner would submit that as the son of the petitioner is in Maharastra State, unless sufficient advance notice is given for hearing, he may not be able to attend. The petitioner would further submit that certain documents are sought for from the Authorities to defend the proceedings, which are to be given to the petitioner's son for a fair hearing of the case.

I have heard the learned counsel for the petitioner and learned Government Pleader representing the respondent.

As the proposed hearing which was originally scheduled on 01.07.2020, did not take place due to the interim order of this Court and since the Covid-19 travel restrictions are no more in force, this Court do not find any reason as to why the proceedings initiated should be withheld. The proceedings are only at a show cause stage.

WP(C)No.12932/2020 4 In the circumstances, the writ petition is disposed of permitting the respondent to proceed with Ext.P10. If the respondent is proceeding with Ext.P10, the son of the petitioner shall be issued with a fresh notice of hearing giving reasonable time for him to appear before the authority. The petitioner's son will be at liberty to seek for documents, which are necessary to defend the proceedings. The writ petition is disposed of as above. N. NAGARESH JUDGE SR

WP(C)No.12932/2020 5 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1OF THE GST REGISTRATION OF M/S CHOWDESHWARI STONE CRUSHER AT CHITHRADURGA, KARNATAKA. EXHIBIT P2OF THE GST REGISTRATION OF PATHIKA STONE AGGRAGATES PVT. LTD., KOLHAPUR, MAHARASHTRA. EXHIBIT P3OF THE ORDER DATED 12.12.2019 ISSUED BY THE GOVERNMENT OF KERALA AS NO.PWD-H3/358/2019-PWD. EXHIBIT P4OF THE NOTICE ISSUED TO SRI. SUBIN GEORGE BY THE RESPONDENT DATED 22.1.2020. EXHIBIT P5OF THE JUDGMENT OF THIS HON'BLE COURT IN W.P.(C) NO.2192/2020 DATED 29.1.2020. EXHIBIT P6OF THE APPLICATION SUBMITTED BY THE PETITIONER'S SON DATED, 21.02.2020 UNDER RTI ACT. EXHIBIT P7OF THE REPLY GIVEN BY THE INFORMATION OFFICER UNDER THE RIGHT TO INFORMATION ACT TO THE SON OF THE PETITIONER DATED 18.03.2020. EXHIBIT P8OF THE COMMUNICATION ISSUED BY THE SON OF THE PETITIONER TO THE RESPONDENT DATED 20.04.2020. EXHIBIT P9OF THE INTIMATION SHOWING THE MAIL WAS RECEIVED BY THE RESPONDENT. EXHIBIT P10OF THE COMMUNICATION ISSUED BY THE RESPONDENT TO THE SON OF THE PETITIONER DATED 24.06.2020. EXHIBIT P11OF THE MEDICAL CERTIFICATE ISSUED FROM THE LAKESHORE HOSPITAL

WP(C)No.12932/2020 6 AND RESEARCH CENTRE, ERNAKULAM DATED 6.5.2020. EXHIBIT P12OF THE BIRTH CERTIFICATE OF THE GRAND CHILD OF THE PETITIONER - PATHIKA SUBIN MARYSADAN DATED 25.11.2019. EXHIBIT P13OF THE BIRTH CERTIFICATE OF THE GRAND CHILD OF THE PETITIONER - MARSHAL SUBIN MARYSADAN DATED 05.08.2019. EXHIBIT P14OF THE PUBLIC NOTICE ISSUED BY THE DISTRICT POLICE CHIEF, ERNAKULAM RURAL. RESPONDENTS' EXHIBITS: EXHIBIT R1(a) AOF THE LETTER DATED 29.01.2020. EXHIBIT R1(b) AOF THE LETTER DATED 07.02.2020.