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2025 Supreme(Online)(Ker) 58698

IN THE HIGH COURT OF KERALA AT ERNAKULAM
ZIYAD RAHMAN A.A.TH, J
M/S.ABCON ENGINEERING – Appellant
Versus
THE SUPERINTENDING ENGINEER, PUBLIC WORKS DEPARTMENT – Respondent


Advocates:
For the Appellants/Petitioners: SRI.ABDUL RAOOF PALLIPATH, SHRI.E.MOHAMMED SHAFI, SRI.PRAJIT RATNAKARAN, SMT.GANGA A.SANKAR, SMT.KRISHNAPRIYA R., SMT.SOORYA K., SMT.ANJU DONY
For the Respondents: SMT.SAROJINI K.G, SR.GOVERNMENT PLEADER

Table of Content
1. challenge to blacklisting of contractor (Para 1)
2. respondent's justification for blacklisting (Para 3 , 5 , 6)
3. court's analysis of compliance with procedures (Para 7 , 8 , 9 , 10 , 11 , 12)
4. permission for fresh proceedings against petitioner (Para 14)

JUDGMENT

The petitioner, who is a PWD contractor, has approached this Court mainly challenging Ext.P1 order issued by the 1st respondent herein by which the petitioner was blacklisted. The facts that led to the filing of this writ petition are as follows:

1.1 The petitioner was awarded with a road improvement work (Padiyottuchal-Odamuttu Road, Kannur). The petitioner commenced the work on 13.10.2017 and completed on 30.03.2019; within the extended period. Ext.P2 is the completion certificate of the said work. The defect liability period was 18 months. During the defect liability period, the petitioner was issued with a notice dated 26.09.2019, intimating that, during the flood that occurred in the area, certain portions of the road got damaged and hence the petitioner was required to carryout the work. According to the petitioner, the said repair work, as required vide notice dated 26.09.2019, was carried out, to

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