V PUNNEN THOMAS Vs. STATE OF KERALA
HIGH COURT OF KERALA
STATE OF KERALA
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(1.) THE petitioner, V. Punnen Thomas, who describes himself as a Government contractor, takes exception to the following order made by the respondent State government: "sub:-- Forest -- Irregularities in Forest contract -- tenderers blacklisted. It has been revealed that Sri V. M. Mohammed Shafi, Karakad House. Erattupetta and Sri Punnen Thomas, Valanjathil. Kottayam have committed irregularities in connection with the tender for working down timber from Udumbanchola Block I, with the result that Government had to sustain loss to a considerable extent. Government therefore order that these two persons are blacklisted and debarred from taking any government work for the next ten years. The Chief Conservator of Forests is informed that Sri. Punnen Thomas will however be permitted to do the work as per orders contained in government Memorandum No. 12319/f1/65 Agri. dated 7-4-1965. Sd/--T. R. Sukumaran Nair, joint Secretary. To the Chief Conservator of Forests. "
(2.) THE petitioner's grievance is that he was not heard before the order was made and he wants this Court to Quash the order and restrain the respondent from giving effect to it. His case is that the order is violative of the principles of natural justice and of Articles 14, 16 (1) and 19 (1) of the Constitution.
(3.) AS we understand it, the impugned order is in no sense an order against the petitioner -- it was not communicated to him and how he came by it is not disclosed -- and involves no civil consequences so far as he is concerned. It poses no threat to any legal right of his, (using the word, "right" in its widest possible sense) fundamental or otherwise, Whether the reason it gives, namely, that the petitioner had committed irregularities' resulting in loss to the Government, be true or not. No doubt it means that he will not be given any Government Work on contract for the next 10 years, but, as we shall presently show, he has no claim, as of right, to be given such work.;
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