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2023 Supreme(Ker) 407

VIJU ABRAHAM
Abcon Engineering – Appellant
Versus
Superintend of Engineer, PWD Road Section, Kozhikode – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Abdul Raoof Pallipath, K.R. Avinash (Kunnath), E. Mohammed Shafi, Gracy Poulose.
For the Respondent: Bimal K. Nath.

JUDGMENT :

VIJU ABRAHAM, J.

1. The above writ petition is filed seeking to quash Ext.P12 order whereby the petitioner firm was blacklisted and the licence granted to the firm has been cancelled.

2. Brief facts of the case are as follows:- The petitioner is a contractor. As per agreement No. SE(K)/186/2017-18 dated 09.10.2017, the petitioner executed the road works of improvements to Padiyotchal- Kodamuttu Road KM0/000 to 7/400 in Kannur district. The work commenced on 13.10.2017 and the same was duly completed on 30.03.2019, within the extended period granted by the department. Ext.P1 is the copy of the certificate of completion of work with a covering letter dated 19.10.2019 and Ext.P2 is the copy of the experience certificate. As per Ext.P3 Government Order, the defect liability period (DLP) for the type of work of the kind the petitioner executed is 18 months. Reckoning the period of completion from 30.03.2019, the defect liability period of 18 months is over on 30.09.2020. The petitioner has also made available necessary credentials like quality control test from the PWD-approved quality laboratory centre. Having satisfied that the work is perfectly executed and no defects whatsoe

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