High Court of KeralaWP(C)/24443/2015disposed of

R.Anilkumar v. Thiruvananthapuram Corporation

2015-09-08Honourable Mr.Justice V.Chitambaresh4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY, THE 8TH DAY OF SEPTEMBER 2015/17TH BHADRA, 1937 WP(C).No. 24443 of 2015 (E) -------------------------------------- PETITIONER:

-------------------------- R.ANILKUMAR, AGED 43 YEARS S/O.N.RAJENDRAN NAIR, T.C.50/351/1, SREE NANDANAM KALADY, KARAMANA P.O., THIRUVANANTHAPUYRAM-2. BY ADVS.SRI.K.GOPALAKRISHNA KURUP (SR.) SRI.ABHISHEK KURIAN RESPONDENTS:

----------------------------

1. THIRUVANANTHAPURAM CORPORATION REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM-1.

2. THE SECRETARY THIRUVANANTHAPURAM CORPORATION OFFICE OF THE THIRUVANANTHAPURAM CORPORATION THIRUVANANTHAPURAM-1.

3. THE THIRUVANANTHAPURAM CORPORATION COUNCIL REPRESENTED BY THE MAYOR THIRUVANANTHAPURAM CORPORATION THIRUVANANTHAPURAM-1.

R1-R3 BY ADV. SRI.N.NANDAKUMARA MENON (SR.) R1-R3 BY ADV. SRI.P.K.MANOJKUMAR,SC,TVPM CORPORATION THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 24443 of 2015 (E) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 :

TRUE COPY OF THE IDENTITY CARD ISSUED BY THE MUNICIPAL ENGINEER.

P2 :

TRUE COPY OF THE REPORT PRESENTED BY THE PETITIONER. P3 :

TRUE COPY OF THE REPORT PUBLISHED IN MALAYALA MANORAMA DAILY DT.23-7-15.

P4 :

TRUE COPY OF THE RESOLUTION NO.2(1)OF MEETING OF THE COUNCIL DT.24-7-15.

P5 :

TRUE COPY OF THE NOTICE DT.8-8-15 ISSUED BY R2. RESPONDENT(S)' EXHIBITS::-NIL --------------------------------------- /TRUE COPY/ P.A. TO JUDGE

V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO. 24443 OF 2015 ---------------------------------------- Dated this the 8th day of September, 2015

JUDGMENT

Ext. P4 resolution followed by Ext. P5 notice blacklisting the petitioner as a Contractor under the Thiruvananthapuram Corporation is impugned. Exts. P4 resolution and Ext. P5 notice are liable to be set aside on the ground that it violates the principle of natural justice. The petitioner was not heard nor an opportunity afforded to explain his version before the impugned action was taken.

I quash Ext. P4 resolution and Ext. P5 notice permitting the Thiruvananthapuram Corporation to pass orders anew if they so desire after hearing the petitioner also.

The writ petition is disposed of.

V. CHITAMBARESH JUDGE