IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 22ND SEPTEMBER 2010 / 31ST BHADRA 1932 WP(C).No. 29089 of 2010(I) -------------------------- PETITIONER(S): -------------------- KRISHNAKUMAR.C, LABOUR CONTRACTOR, PUTHEN HOUSE,THORAPALAYAM,PALAKKAD 678001. BY ADV. SRI.BINOY VASUDEVAN SMT.P.G.BABITHA RESPONDENT(S): ----------------------- 1. THE STATE OF KERALA,REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO THE GOVERNMENT/ PRINCIPAL SECRETARY TO THE GOVERNMENT,INDUSTRIES DEPARTMENT,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. M/S.MALABAR CEMENTS LIMITED,REPRESENTED BY ITS MANAGING DIRECTOR,WALAYAR PO,PALAKKAD678624 3. THE MANAGING DIRECTOR,M/S.MALABAR CEMENTS LIMITED,WALAYAR PO,PALAKKAD 678 624. 4. THE VIGILANCE AND ANTI CORRUPTION NUREAU,REPRESENTED BY ITS DIRECTOR,VIGILANCE HEAD QUARTERS,THIRUVANANTHAPURAM 695 001. GOVT.PLEADER SRI.P.N.SANTHOSH SRI.B.S.KRISHNAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 29089 OF 2010 (I) ===================== Dated this the 22nd day of September, 2010 J U D G M E N T Heard the learned counsel for the petitioner, learned Government Pleader appearing for respondents 1 and 4 and the learned standing counsel appearing for respondents 2 and 3. 2. Challenge in the writ petition is against Ext.P6 order issued by the 1st respondent requesting the Public Sector Undertakings mentioned therein including the 2nd respondent to disqualify the petitioner from participating in tenders for the reasons mentioned in Ext.P6. According to the petitioner, the terms of Ext.P6 discloses a direction to the Public Sector Undertakings requiring that the petitioner shall be disqualified from tender processes. 3. Learned Government Pleader clarifies that Ext.P6 is not a direction, but is only a request to the Public Sector Undertakings and it is for the Public Sector Undertakings to take necessary action, which shall be only in accordance with law and in compliance with the principles of natural justice. 4. As stated by the learned Government Pleader, Ext.P6 WPC No. 29089/10 :2 : only discloses a request to the Public Sector Undertakings. Therefore, Ext.P6 cannot by itself result in any action by the 2nd respondent involving civil consequences. Therefore, the writ petition is disposed of clarifying that if any action is to be taken against the petitioner on the basis of Ext.P6, the 2nd respondent shall do so only in compliance with the principles of natural justice and in accordance with law. ANTONY DOMINIC, JUDGE Rp