IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 14TH JUNE 2011 / 24TH JYAISHTA 1933 WP(C).No. 15949 of 2011(P) -------------------------- PETITIONER(S): --------------------- KUNNATH CHEMICALS PVT.LIMITED HAVING ITS REGD.OFFICE AT V/776, DEVELOPMENT AREA, EDAYAR, MUPPATHADAM.P.O. ERNAKULAM, REPRESENED BY ITS DIRECTOR.K.A.ABDUL KAREEM, AGED 60, S/O.ABDULLA, R/AT KUNNATH HOUSE, THOTTUMUGHAM.P., ALUVA-5. BY ADV. SMT.T.S.MAYA (THIYADIL) RESPONDENT(S): ------------------------ 1. KERALA WATER AUTHORITY REPRESENTED BY ITS MANAGING DIRECTOR, JALABHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM-695033. 2. THE CHIEF ENGINEER (HRD & GI) KERALA WATER AUTHORITY, JALABHAVAN,VELLAYAMBALAM, THIRUVANANTHAPURAM-695033. 3. EXECUTIVE ENGINEER (PUBLIC HEALTH DIVISION), KERALA WATER AUTHORITY, THRISSUR, PIN R1 TO R3 BY ADV.SHRI.M.DINESH, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: krj WP(C).No. 15949 of 2011(P) APPENDIX PETITIONER'S EXHIBITS:- P1: COPY OF CERTIFICATE OF INCORPORATION ISSUED BY THE REGISTRAR OF COMPANIES TO THE PETITIONER IN 18-5-1989. P2: COPY OF SSI REGISTRATION CERTIFICATION IN 1991 AND THE MSM REGISTRATION CERTIFICATE IN 2007 ISSUED BY THE DEPARTMENT OF INDUSTRIES. P3: COPY OF THE CERTIFICATE ISSUED BY THE POLLUTION CONTROL BOARD P4: COPY OF THE CERTIFICATE ISSUED BY THE FACTORIES AND BOILERS DEPT OF KERALA GOVT. P5: COPY OF CERTIFICATE ISSUED BY STORES PURCHASE DEPT OF KERALA GOVT. P6: COPY OF CERTIFICATE ISSUED BY BUREAU OF INDIAN STANDARDS. P7: COPY OF THE LETTER ISSUED BY KWA ALAPPUZHA TO THE PETITIONER DTD 16-5-2006. P8: COPY OF THE REPLY SENT BY THE PETITIONER TO KWA ALAPPUZHA DIVISION DATED 31-5-2006. P9: COPY OF THE LETAL NOTICE SENT BY THE PETITIONER TO THE 1ST RESPONDENT DATED 17-1-2009. P10: COPY OF THE REPLY NOTICE SENT BY THE RESPONDENTS DATED 5-2-2009. P11: COPY OF THE PLAINT IN O.S 276/2009. P12: COPY OF THE WRITTEN STATEMENT FILED BY 1ST RESPONDENT IN O.S.276/2009. P13. COPY OF THE REPORT ISSUED BY DEPT OF CHEMICAL ENGINEERING THRISSUR. P14: COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT DATED 13-7-2007. P15: COPY OF JUDGMENT IN W.P(C) 6701/2011 DT. 8-3-11. P16: COPY OF THE ORDER OF THE 1STG RESPONDENT DTD 16-5-2011. RESPONDENT'S EXHIBITS:- NIL //TRUE COPY// P.A. TO JUDGE P.R.RAMACHANDRA MENON, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P(C) No.15949 of 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated the 14th day of June, 2011 JUDGMENT The petitioner has challenged Ext.P16 order dated 16.05.2011 whereby, the petitioner company has been black-listed by the respondents, which according to the petitioner is arbitrary and illegal and hence is sought to be intercepted. 2. Heard the learned standing counsel appearing for the respondents as well. The learned standing counsel submits with reference to the materials available on record that, Ext.P16 order is quite explicit and refers to the facts and circumstances under which the said order was passed. Three different instances have also been pointed out including a 'fire explosion' connected with the material supplied by the petitioner (bleaching powder) revealing the presence of 'potassium chlorate' as well, correctness of which is seriously disputed by the petitioner. 3. After hearing both sides, this Court finds that the impugned order was passed by the first respondent without giving an opportunity of hearing to the petitioner. Since the instance of black-listing is having serious consequences and adverse results with regard to the rights of the petitioner in doing the business, it W.P(C) No.15949 of 2011(P) -2- was very much necessary for the respondents to have issued a notice before taking a decision. Going by the contents of Ext.P16, it is seen that reference made is only to the resolution No.8736 of the 342nd meeting of the Kerala Water Authority held on 26.03.2011 and that's all. In the said circumstances, Ext.P16 is set aside, however, without prejudice to the rights and liberties of the respondent Water Authority to consider the matter afresh with regard to the black-listing of the petitioner. The proceedings shall be finalised in accordance with law, after giving an opportunity of hearing to the petitioner. This writ petition is allowed to the said extent. It is made clear this Court has not expressed anything with regard to the merits involved and the petitioner is at liberty to substantiate the contentions raised before the concerned respondent while finalising the proceedings as aforesaid. Writ petition is disposed of. Sd/- P.R.RAMACHANDRA MENON JUDGE //TRUE COPY// P.A. TO JUDGE krj