IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 17.11.2023 CORAM THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No. 32348 of 2023 and W.M.P. No. 31968 of 2023 S.Mahadevan … Petitioner -vs-

1. The Additional Chief Secretary/Commissioner, Greater Chennai Corporation, Rippon Building, Chennai – 600 003.

2. The Chief Engineer, Greater Chennai Corporation, Rippon Building, Chennai – 600 003.

3. The Superintending Engineer, Bus Route Roads Department, Greater Chennai Corporation, Amma Maligai, Chennai – 600 003.

4. The Zonal Officer, Greater Chennai Corporation, Manali, Chennai – 600 068.

5. The Executive Engineer, Zone – 02, Greater Chennai Corporation, Manali, Chennai – 600 068. ... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Certiorari, calling for the records relating to the order passed by the First Respondent in Proceedings in Ma. A-2. Na. Ka. No.

4008/2023 dated 03.11.2023 and quash the same.

For Petitioner : Mr. S.Doraiswamy For Respondents : Mr. J.Ravindran, Additional Advocate General assisted by Ms. K.Aswini Devi, Standing Counsel

O R D E R

Heard Mr. S.Doraiswamy, Learned Counsel for the Petitioner and Mr. J.Ravindran, Learned Additional Advocate General assisted by Ms. K.Aswini Devi, Learned Standing Counsel appearing for the Respondents and perused the materials placed on record, apart from the pleadings of the parties.

2. The Petitioner has challenged the proceedings in No. Ma. A. 2. Na. Ka. No. 4008/2023 dated 03.11.2023 passed by the First Respondent blacklisting him in the list of its registered contractors without any time limit invoking Rule 244(4) of the Tamil Nadu Urban Local Bodies Rules, 2023, which reads as follows:-

“244. Registration of contractors for the execution of municipal works.—

....

(4) Where any registered contractor commits any breach of contract or any default or any loss in the execution of any work or commits any other act by way of misrepresentation or fraud or commits any other offence under the Act or these Rules or for any other valid reason, the Commissioner after giving an opportunity of being heard, black list his name from the list of registered contractors. On such order being passed, the name of such contractor shall be deleted by the Commissioner from the register of contractors and a report in this regard shall also be placed before the council for information.”

3. The primordial contention of the Learned Counsel for the Petitioner is that the impugned order which entails adverse civil consequences to him has been passed in gross violation of principles of natural justice inasmuch as neither any paid notice nor any opportunity of personal hearing has been afforded to him in the matter as required in the said rule.

4. The law relating to blacklisting has been succinctly explicated by Hon'ble Supreme Court of India in UMC Technologies (P) Limited -vs- Food Corporation of India [(2021) 2 SCC 551] as follows:-

“ 13. At the outset, it must be noted that it is the first principle of civilised jurisprudence that a person against whom any action is sought to be taken or whose right or interests are being affected should be given a reasonable opportunity to defend himself. The basic principle of natural justice is that before adjudication starts, the authority concerned should give to the affected party a notice of the case against him so that he can defend himself. Such notice should be adequate and the grounds necessitating action and the penalty/action proposed should be mentioned specifically and unambiguously. An order travelling beyond the bounds of notice is impermissible and without jurisdiction to that extent. This Court in Nasir Ahmad v. Custodian General, Evacuee Property [Nasir Ahmad v. Custodian General, Evacuee Property, (1980) 3 SCC 1] has held that it is essential for the notice to specify the particular grounds on the basis of which an action is proposed to be taken so as to enable the noticee to answer the cas