P.V.Paulose v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY, THE 9TH DAY OF SEPTEMBER 2015/18TH BHADRA, 1937 WP(C).No. 23338 of 2015 (N) ---------------------------- PETITIONER :

------------------ P.V. PAULOSE, AGED 75 YEARS, PARSSEIL HOUSE, MEENPARA P.O., PUTHENCRUZ VIA, ERNAKULAM.

BY ADVS.SRI.MURALI PURUSHOTHAMAN SRI.DEEPU LAL MOHAN SMT.S.LEENA SRI.K.S.PRENJITH KUMAR RESPONDENTS :

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1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, WATER RESOURCES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 033.

2. THE CHIEF ENGINEER (IRRIGATION & ADMINISTRATION), THIRUVANANTHAPURAM - 695 033.

3. THE SUPERINTENDING ENGINEER, MINOR IRRIGATION CENTRAL CIRCLE, ERNAKULAM KAKKANAD - 682 030.

4. THE SUPERINTENDING ENGINEER, PWS ROADS AND BRIDGES, CENTRAL CIRCLE ALUVA - 683 101.

5. THE EXECUTIVE ENGINER, MINOR IRRIGATION DIVISION, KATTAPPANA IDUKKI - 685 508.

R1 TO R5 BY GOVERNMENT PLEADER SRI. S. ABDUL SALAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 23338 of 2015 (N) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT-P1:

TRUE COPY OF THE NOTICE NO. A2.2230/08 DATED 23/09/2009 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER.

EXHIBIT-P2:

TRUE COPY OF THE LETTER NO. F4 (F1) 290/07 (1) DATED 27/01/2010 ISSUED BY THE 3RD RESPONDENT TO THE 4TH RESPONDENT. EXHIBIT-P3:

TRUE COPY OF THE NOTICE NO. FCR-2224/89 DATED 25/02/2009 ISSUED BY THE 4TH RESPONDENT.

EXHIBIT-P4:

TRUE COPY OF THE REPRESENTATION DATED 30/04/2010 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS 1 TO 4. EXHIBIT-P4(A):TRUE COPY OF THE ACKNOWLEDGMENT CARD ISSUED BY THE POSTAL AUTHORITY EVIDENCING THE RECEIPT OF EXHIBIT-P4 BY THE IST RESPONDENT.

EXHIBIT-P4(B): TRUE COPY OF THE ACKNOWLEDGMENT CARD ISSUED BY THE POSTAL AUTHORITY EVIDENCING THE RECEIPT OF EXHIBIT-P4 BY THE 2ND RESPONDENT.

EXHIBIT-P4(C): TRUE COPY OF THE ACKNOWLEDGMENT CARD ISSUED BY THE POSTAL AUTHORITY EVIDENCING THE RECEIPT OF EXHIBIT-P4 BY THE 3RD RESPONDENT.

EXHIBIT-P4(D): TRUE COPY OF THE ACKNOWLEDGMENT CARD ISSUED BY THE POSTAL AUTHORITY EVIDENCING THE RECEIPT OF EXHIBIT-P4 BY THE 4TH RESPONDENT.

EXHIBIT-P5:

TRUE COPY OF THE NOTICE NO. E5-F 4 290/07 DATED 09/03/2015 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. EXHIBIT-P6:

TRUE COPY OF THE LETTER DATED 27/04/2015 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

EXHIBIT-P7:

TRUE COPY OF THE ORDER NO. E5 (F4) 290/08 DATED 20/04/2015 ISSUED BY THE 5TH RESPONDENT.

EXHIBIT-P8:

TRUE COPY OF THE POSTAL COVER IN WHICH EXHIBIT-P7 WAS DESPATCHED TO THE PETITIONER.

EXHIBIT-P9:

TRUE COPY OF THE LETTER NO. A(1) FCR-2224/89 DATED 13/01/2015 ISSUED BY THE 4TH RESPONDENT TO THE 2ND RESPONDENT. EXHIBIT-P10: TRUE COPY OF THE LETTER NO. E5(F4) 290/08 DATED 22/05/2015 ISSUED TO THE PETITIONER BY THE 3RD RESPONDENT. RESPONDENT(S)' EXHIBITS :

NIL.

//TRUE COPY// P.A. TO JUDGE bp

A.MUHAMED MUSTAQUE, J.

================== W.P.(C).No. 23338 of 2015 ================== Dated this the 9th day of September, 2015

J U D G M E N T

The petitioner aggrieved by Ext.P7 order, has approached this Court. By Ext.P7 order, the petitioner has been blacklisted. 2.

It is seen from Ext.P7 order, the petitioner has not raised any objection and based on the records, authority came to the conclusion that the petitioner is liable to be blacklisted. 3.

The petitioner relies on the reply to the notices Exts.P4 and P6. It is seen that these replies were acknowledged. 4.

In that view of the matter, this Court is of the view that, Ext.P7 order is to be set aside and the appropriate order shall be passed after adverting to Exts.P4 and P6, after affording opportunity to the petitioner within a period of one month from the date of receipt of the copy of this judgment. In view of the above, prayer No. 2 is left out.

The writ petition is disposed of, as above.

sd/- sab A.MUHAMED MUSTAQUE, JUDGE