2025:KER:26340 W.P.(C)No.12663 of 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 WP(C) NO. 12663 OF 2025 PETITIONER: ROSHAN P.B AGED 51 YEARS S/O ABDUL BASHEER, PEEDIKAPARAMBIL HOUSE, MUTHALAKODAM P.O., THODUPUZHA, IDUKKI DISTRICT, PIN - 685605 BY ADV LATHEESH SEBASTIAN RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY THE SECRETARY, PUBLIC WORKS DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 69500 2 THE CHIEF ENGINEER PUBLIC WORKS DEPARTMENT (ROADS DIVISION), THIRUVANANTHAPURAM, PIN - 695001 3 THE EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT (ROADS DIVISION), PAINAVU, IDUKKI DISTRICT, PIN - 685601 4 THE DIRECTOR VIGILANCE AND ANTI-CORRUPTION BUREAU, VIKAS BHAVAN, THIRUVANANTHAPURAM, PIN - 695033 5 DEPUTY SUPERINTENDENT OF POLICE 2025:KER:26340 W.P.(C)No.12663 of 2025 2 VIGILANCE AND ANTI-CORRUPTION BUREAU, IDUKKI UNIT, MUTTOM, THODUPUZHA, PIN – 685587 GP SMT VIDYA KURIAKOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:26340 W.P.(C)No.12663 of 2025 3 C.S.DIAS,J -------------------------------------------- W.P.(C).No. 12663 of 2025 --------------------------------------------- Dated this the 27th day of March, 2025 JUDGMENT The writ petition is filed to quash Exts.P6 and P7 notices issued by the respondents 1 and 3 and to direct the 3rd respondent to provide sufficient opportunity to petitioner to submit his defense to Ext.P7 show cause notice. 2. The petitioner is a ‘C’ class contractor of the PWD, Roads Division, Idukki. The petitioner has a valid license from 01.04.2022 to 31.03.2025. Now the 3rd respondent has issued Ext.P7 notice to the petitioner invoking clause 1917 of the Kerala PWD Manual to blacklist the petitioner and terminate the contracts executed between him and the respondents 2 and 3. The above course has been adopted as per the 2025:KER:26340 W.P.(C)No.12663 of 2025 4 direction of the 1st respondent on the ground that the petitioner is an accused in Crime No.6/2024 registered by the Vigilance and Anti-Corruption Bureau, Idukki Unit for allegedly committing the offences under Sections 7(a) and 12 of the Prevention of Corruption (Amendment) Act, 2018. The invocation of clause 1917 of the Kerala PWD Manual is without any legal basis. The 3rd respondent is acting on the dictates of the 1st respondent. The action of the 3rd respondent is illegal and arbitrary. Even though the petitioner has submitted Ext.P8 request, seeking time to submit his reply and to furnish with certain details, the 3rd respondent has directed the petitioner to appear before him on 26.03.2025. As per Ext.P10 representation, the petitioner has sought time till 29.03.2025. The petitioner is apprehensive that, before 2025:KER:26340 W.P.(C)No.12663 of 2025 5 the consideration of Ext.P10, Ext.P7 show cause notice may be finalized. Hence, the writ petition. 3. Heard; the learned counsel for the petitioner and the learned Government Pleader. 4. The learned Government Pleader submitted that, Ext.P7 notice was issued by e-mail to the petitioner on 15.03.2025, directing him to show cause why he should not be blacklisted. Immediately, the petitioner had submitted Ext.P8 reply, seeking time and to furnish certain documents. Thereafter, by Ext.P9 letter, the petitioner was directed to appear before the 3rd respondent on 26.03.2025. Again the petitioner submitted Ext.P10 seeking time till 29.03.2025 on the ground that he was indisposed. Now the 3rd respondent has issued an e-mail on 26.03.2025 directing the petitioner to appear today (27.03.2025) and submit his reply. It is at this juncture that the 2025:KER:26340 W.P.(C)No.12663 of 2025 6 petitioner has approached this Court. There is no bona fides in the writ petition. The petitioner’s sole intention is to procrastinate the finalization of Ext.P7. Hence, the writ petition may be dismissed. 5. On a consideration of the facts and the materials on record, particularly that Ext.P7 show cause notice was issued on 15.03.2025 by e-mail and that the petitioner had immediately sent Ext.P8 reply seeking time to furnish his reply and had also sought for additional materials, and further he volunteered to appear before the 3rd respondent on 29.03.2025, I am of the definite view that a lenient view can be taken in the matter by granting the petitioner a breathing time to submit his reply and thereafter the 3rd respondent can finalize Ext.P7 show cause notice. In the above said circumstances, I dispose of the writ petition in the following manner : 2025:KER:26340 W.P.(C)No.12663 of 2025 7 (i) The petitioner shall appear before the 3rd respondent on 03.04.2025 at 11.a.m. It would be up to petitioner to either sent the reply to Ext.P7 notice prior to the date of appearance or on the date he appears before the 3rd respondent. (ii) The 3rd respondent shall afford the petitioner an opportunity of being heard and finalize Ext.P7 proceedings in accordance with law. The writ petition is ordered accordingly. Sd/- C.S.DIAS SCB.27.03.25. JUDGE 2025:KER:26340 W.P.(C)No.12663 of 2025 8 APPENDIX OF WP(C) 12663/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LICENSE ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER DATED 20.07.2022 Exhibit P2 TRUE COPY OF THE FIR IN CRIME NO.6/2024 OF VIGILANCE AND ANTI-CORRUPTION BUREAU, IDUKKI UNIT DATED 25.06.2024 Exhibit P3 TRUE COPY OF THE REPORT OF THE 5TH RESPONDENT SUBMITTED TO THE 4TH RESPONDENT DATED 27.06.2024 Exhibit P4 TRUE COPY OF THE REPORT OF SUPERINTENDENT OF POLICE, VIGILANCE AND ANTI-CORRUPTION BUREAU, EASTERN REGION SUBMITTED TO THE 3RD RESPONDENT DATED 12.07.2024 Exhibit P5 TRUE COPY OF THE REPORT OF THE RESPONDENT TO THE ADDITIONAL CHIEF SECRETARY, VIGILANCE DEPARTMENT, THIRUVANANTHAPURAM DATED 19.07.2024 Exhibit P6 TRUE COPY OF THE DIRECTION OF THE 1ST RESPONDENT TO THE 2ND RESPONDENT DATED 20.11.2024 Exhibit P7 TRUE COPY OF THE NOTICE OF THE 3RD RESPONDENT DATED 15.03.2025 Exhibit P8 TRUE COPY OF THE REPRESENTATION OF THE PETITIONER SUBMITTED BEFORE 3RD RESPONDENT DATED 21.03.2025 Exhibit P9 TRUE COPY OF THE HEARING NOTICE OF THE 3RD RESPONDENT DATED 21.03.2025 Exhibit P10 TRUE COPY OF THE REPRESENTATION OF THE PETITIONER DATED 25.03.2025