IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 12TH JANUARY 2009 / 22ND POUSHA 1930 WP(C).No. 17584 of 2008(R) -------------------------- PETITIONER(S): --------------- S.S.BINU, PROPRIETOR, BINU & CO. PEZHUMTHURUTH, PERUMON P.O., KOLLAM. BY ADV. SRI.KRB.KAIMAL (SR.) SRI.T.M.CHANDRAN SRI.B.UNNIKRISHNA KAIMAL RESPONDENT(S): --------------- 1. THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 2. THE DEPUTY CHIEF ENGINEER AND PRINCIPAL TEAM LEADER, CIVIL CIRCLE, K.S.E.BOARD, PALLOM, KOTTAYAM DISTRICT. ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B FOR R1 & 2 SRI.C.K.KARUNAKARAN, SC FOR KSEB FOR R1,2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/01/2009, ALONG WITH WPC NO. 23080 OF 2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.17584/2008 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF the NOTICE OF DB-10/PURCHASE/CONSUMABLES/07-08/233 DATED 12/11/2007 ISSUED BY the 2ND RESPONDENT. P2 : COPY OF THE REPLY DATED 29/11/2007 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. P3 : COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN WPC NO.37050/07 DATED 24/01/2008. P4 : COPY OF THE LETTER NO.DB10/PURCHASE/CONSUMABLES/07-08/7 DATED 07/04/2008 OF THE 2ND RESPONDENT TO THE PETITIONER. P5 : COPY OF THE REPRESENTATION DATED 18/04/2008 SUBMITTED BY THE petitioner TO THE 2ND RESPONDENT. P6 : COPY OF THE TENDER NOTIFICATION DATED 16/05/2008 ISSUED by the 2ND RESPONDENT. P7 : COPY OF THE REPRESENTATION DATED 08/06/2008 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. P8 : COPY OF THE LETTER NO.DB10/04/88/33 KVA POST/70 DATED 10/06/2008 OF THE 2ND RESPONDENT TO THE PETITIONER. P9 : COPY OF the ORDER B.O.(FM) NO.1082/2008 (GPC6/LAR/CC/PALLOM/6/2007) DATED 02/05/2008 ISSUED BY the 1ST RESPONDENT. RESPONDENT'S EXHIBITS R1(a) : COPY OF THE LETTER NO.CMDB1-1/06-07/348 DATED 10/11/2004 AND LETTER NO.CMDB1-1/06-07/345. R1(b) : COPY OF THE JUDGMENT IN WPC NO.21020/2007 AND WPC NO.22850/2007. R1(c) : COPY OF the AUTHORIZATION LETTER NO.ALS/1315/2006-07 DATED 10/05/2006. R1(d) : COPY OF THE BO(FM) NO.1082/2008(GPC 6/LAR/CC PALLAM/6/2007) TVM DATED 02/05/2008. R1(e) : COPY OF THE CERTIFIED COPY OF THE JUDGMENT IN WPC NO.35744/2007 //TRUE COPY// PA TO JUDGE. jg ANTONY DOMINIC, J. ------------------------- W.P.(C.) Nos.17584 & 23080 of 2008 --------------------------------- Dated, this the 12th day of January, 2009 J U D G M E N T Challenge in WP(C) No.17584/2008 is against Ext.P9, order of the 1st respondent black listing the petitioner, a contractor. During pendency of that writ petition, when tenders were floated and documents were not issued to the petitioner, the petitioner filed WP (C) No.23080/2008. On the strength of the interim orders passed in that case, the petitioner was issued tender documents and he participated in the tenders. 2. When these cases came up for hearing today, the learned counsel for the respondent Board informs that they are willing to reconsider Ext.P9 with notice to the petitioner and after affording him an opportunity of hearing. It is also stated that until the matter is reconsidered as above, it will be open to the petitioner to participate in the tenders that are floated by the Board. I record this submission. 3. In the result, the writ petitions will stand disposed of with the following directions:- Ext.P9 order dated 02/05/2008, produced in WP(C) No.17584/2008 WP(C) No.17584 & 23080/2008 -2- black listing the petitioner will stand set aside. It is clarified that the Board will be free to pass fresh orders in this matter, after issuing notice and affording an opportunity of hearing to the petitioner. Until the matter is reconsidered as above, the petitioner will be permitted to participate in tenders to which he wants to respond. Further the tenders submitted by the petitioner in pursuance to the interim order in WP(C) No.23080/2008 will also be considered on merits, provided the works notified thereunder have not been awarded sofar. These writ petitions are disposed of as above. (ANTONY DOMINIC, JUDGE) jg