IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 16TH JUNE 2011 / 26TH JYAISHTA 1933 WP(C).No. 14004 of 2011(A) ---------------------------------- PETITIONER(S): ------------------- T.K.RAJAN,CONTRACTOR,IST FLOOR, KANCHAN CENTRE, KULAI, MANGALORE,KARNATAKA STATE, PIN 575 019. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA RESPONDENT(S): --------------------- 1. STATE OF KERALA,REP.BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF PUBLIC WORKS, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM 695 001. 2. SUPERINTENDING ENGINEER,PWD(NATIONAL HIGHWAY),NORTH CIRCLE,KOZHIKODE 673 001. BY GOVT.PLEADER SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 14004/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE LICENCE ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT, VALID UP TO 31/03/2011. P2: COPY OF THE ORDER NO.F1-1658/2009 DATED 01/06/2010 ISSUED BY THE 2ND RESPONDENT. P3: COPY OF THE PETITIONE DATED 31/10/2010 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. P3(a):COPY OF THE PROCEEDING NO.29485/H3/10/PWD DATED 03/12/2010 OF THE 1ST RESPONDENT. P4: COPY OF THE ORDER NO.29485/H3/10/PWD DATED 01/02/2011 ISSUED BY THE 1ST RESPONDENT. P5: COPY OF THE REPRESENTATION DATED 21/02/2011 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P (C) No . 14004 of 2011 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 16th June , 2011 JUDGMENT The petitioner, who is a contractor, is stated as aggrieved of Ext. P2 order passed by the second respondent, whereby he has been black-listed, that too without prescribing any tenure, thus virtually preventing the petitioner from contesting the tenders through out the life. Being aggrieved of Ext. P2, the petitioner has preferred an appeal before the first respondent. According to the petitioner, no orders are passed or communicated to the petitioner in the appeal and no notice whatsoever has been issued in this regard. However, the petitioner has been given to understand through the concerned member of the Legislative Assembly, as per communication dated 01.02.2011, issued by the Government and produced as Ext. P4, that the Government has expressed its inability to allow the appeal preferred by the petitioner. The learned counsel for the petitioner submits that no order has been communicated to the petitioner till date and hence Ext. P5 appeal preferred by the petitioner is liable to be considered and finalized fothwith. 2. Heard the learned Government Pleader as well. W.P. (C) No. 14004 of 2011 : 2 : 3. Considering the facts and circumstances, the first respondent is directed to pass final orders in the appeal stated as preferred by the petitioner and referred to in Ext. P4, in accordance with law, after giving an opportunity of hearing to the petitioner, as expeditiously as possible at any rate, within two months from the date of receipt of a copy of the judgment, if the same is still pending. If the appeal preferred by the petitioner has already been disposed of, the first respondent shall forward a copy of the said order to the petitioner within 'two weeks' from the date of receipt of a copy of this judgment, so as to enable him to pursue further steps. Petitioner shall produce a copy of this judgment, along with copy of the writ petition before the first respondent for further steps. The Writ Petition is disposed of. Sd/- P. R. RAMACHANDRA MENON, JUDGE kmd /True copy/ P.A. to Judge