IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 20TH FEBRUARY 2009 / 1ST PHALGUNA 1930 WP(C).No. 3729 of 2009(R) ------------------------- PETITIONER(S): --------------- V.RAJAN, S/O.V.APPUNNI NAIR, AGED 51 YEARS, VELLARAKKATT HOUSE, KALPATTA VILLAGE, KALPATTA NORTH P.O., VYTHIRI TALUK, WAYANAD DISTRICT. BY ADV. SRI.ABRAHAM MATHEW (VETTOOR) RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, VIGILANCE DEPARTMENT, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER, OFFICE OF THE CHIEF ENGINEER, PWD ADMINISTRATION, THIRUVANANTHAPURAM. 3. THE DIRECTOR, VIGILANCE AND ANTI CORRUPTION BUREAU, THIRUVANANTHAPURAM. 4. THE SUPERINTENDENT OF POLICE, VIGILANCE AND ANTI CORRUPTION BUREAU, NORTHERN RANGE, KOZHIKODE. 5. THE KALPETTA BLOCK PANCHAYATH, BLOCK PANCHAYATH OFFICE, KALPETTA REPRESENTED BY ITS SECRETARY. BY GOVT. PLEADER SRI. P.N. SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. ----------------------- W.P.(C).No.3729 OF 2009 ------------------------ Dated this the 20th day of February, 2009. JUDGMENT Challenge in this writ petition is against Ext.P6, a communication issued by the Chief Engineer to the Executive Engineer. The case of the petitioner is that by Ext.P6 direction has been given to black list him and that the same has been done without any basis and that too without any notice. 2. True as contended by the counsel for the petitioner a reading of Ext.P6 gives the impression that the Executive Engineer has been asked to comply with the recommendation of the Vigilance and Anti Corruption Bureau to black list the petitioner. 3. However, on instructions, the Government Pleader submits that by Ext.P6 what was intended was that action should be initiated for blacklisting the petitioner and that it WP(c).No.3729/09 /2/ is up to the Executive Engineer to issue notice to the petitioner, consider his objections and take a decision as to whether he should be black listed. 4. In my view, in view of the clarification now offered by the Government Pleader that Ext.P6 is not a direction as apprehended by the petitioner but only a recommendation to initiate action, that petitioner has no reason to be aggrieved about Ext.P6. Therefore, the writ petition is closed recording the aforesaid submission of the Government Pleader and directing that in the event of any action is initiated, the Executive Engineer shall give notice to the petitioner and consider his objections and take a decision, untrammeled by what is stated in Ext.P6. (ANTONY DOMINIC) JUDGE vi/ WP(c).No.3729/09 /2/