IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 14TH DAY OF JUNE 2022 / 24TH JYAISHTA, 1944
WP(C) NO. 4517 OF 2021
PETITIONER:
NATIONAL ENERGY AND WASTE MANAGEMENT
MULTIPURPOSE CO-OPERTATIVE SOCIETY (KERALA) LTD
REGD.NO.4484
(NEWSCO), DREAM LAND BUILDING, K.S.R.T.C. ROAD,
CHALAKUDY P. O., THRISSUR DISTRICT,
PIN - 680307., REPRESENTED BY CHAIRMAN,
C.L.ANTO, IN PERSON.
BY Party-In-Person
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, DEPARTMENT OF
LOCAL SELF GOVERNMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
2 EXECUTIVE DIRECTOR
SUCHITWA MISSION, LOCAL SELF GOVERNMENT
DEPARTMENT, ANDANKODE JUNCTION P. O.,
THIRUVANANTHAPURAM - 695 014.
3 DIRECTOR OF PANCHAYATHS
VIKAS BHAVAN, THIRUVANANTHAPURAM - 695 014.
4 SECRETARY
CHEMBILOT GRAMA PANCHAYATH, P. O. MOVANCHERY,
KANNOOR DISTRICT, PIN - 670613.
5 VILLAGE EXTENSION OFFICER
CHEMBILOD GRAMA PANCHAYATH, P. O. MOVANCHERY,
KANNOOR DISTRICT, PIN - 670613.
W.P.(C) No.4517/2021
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6 DIRECTOR VIGILANCE AND ANTICORRUPTION
VANCHIYUR P. O.,
THIRUVANANTHAPURAM - 695 004.
BY ADVS.
BRIJESH MOHAN
R.RAJPRADEEP
GOVERNMENT PLEADER SRI.APPU P S
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 14.06.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.4517/2021
:3:
N. NAGARESH, J.
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W.P.(C) No.4517 of 2021
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Dated this the 14th day of June, 2022
JUDGMENT
~~~~~~~~~ The National Energy and Waste Management Multipurpose Co-operative Society (Kerala) Ltd. No.4484 is the petitioner in the writ petition. The petitioner seeks the following reliefs:
(i) Issue an appropriate writ of mandamus, order or direction to the respondents 4 and 5 t6o comply with provisions of Panchayat Raj Act, Rules and constitutional obligations, by kindly revoking Ext.P22, illegal letter or respondent No.4
(ii) Issue a writ of mandamus or any other appropriate writ, order or direction commanding respondents 1 and 2 to cancel all their illegal and arbitrary steps and to kindly cancel the two illegal and malafide lists portion of Ext.P24 (admitted by respondent No.2), aimed to marginalise the petitioner, in violation of Ext.P7, Ext.P8 direct6ions of this Hon'ble Court.
(iii) Issue such other writ, order or direction to respondents 4 and 5 commanding them to facilitate the petitioner to complete supplies, as per Ext.P13 contract, if needed, with higher volumes (1 W.P.(C) No.4517/2021 :4: m3 plants) of plants as suggested to them during joint meeting, with additional payments, for higher volumes as mentioned in paragraph 46 of the writ petition.
(iv) Issue an appropriate writ of mandamus, order or direction to respondents 4 and 5 to stop harassing the petitioner society in arbitrary manner to weaken the petitioner society, by illegally holding the due payment etc., as part of larger conspiracy with respondents 1 and 2, by wilfully violating the provisions of Panchayat Raj Acts and Rules, constitutionally mandated duties etc.
(v) Issue an appropriate writ order or direction, directing respondents 4 and 5 to stop the constitutional violations and violations Panchayat Raj Act to pay the illegally retained money for Rs.13.65 lakhs, details as shown in paragraph 35, along with invoice Ext.P13a, which is kept pending, under oblique considerations, violating their mandated duties Schedule 3- Part B(8), Part C-XIX of Panchayat Raj Act.
(vi) Issue an appropriate writ order or direction directing respondents 4 and 5 to pay interest to the petitioner as per Ext.P13, damages, to the materials, moulds, etc. together as shown in paragraph 35 of the writ petition caused due to the illegal and arbitrary actions of respondent No.4.
(vii) Issue such other writ, order or direction to respondents 4 and 5 to pay compensation to the petitioner for the delay, loss of materials moulds etc. caused to the petitioner society due to the non- compliance of the provisions of Panchayat Raj Act, Store Purchase Manuel, etc. in a valid contract Ext.P13.
(viii) Issue such other writ, order or direction to respondents 1, 2, 4 and 5 from taking any arbitrary and vindictive decision against the petitioner and strictly adhere to Ext.P7, P8 directions of this Hon'ble Court and comply their mandated constitutional obligation towards the petitioner society.
W.P.(C) No.4517/2021 :5:
(ix) Issue such other writ, order or direction to respondent No.6 to conduct vigilance probe against respondents 1, 2, 4 and District coordinator of respondent No.2 to book the culprits as they acted contrary to the mandates of constitution, provisions of Panchayat Raj Act, in malice and arbitrary manner to cause wilful loss to the petitioner society aimed to cause illegal profit to private persons and for causing wastage of thousands of crores of rupees from the exchequers violating Exts.P7, P8 directions of this Hon'ble Court, Exts.P4, P5, P6, etc. The petitioner is represented by its Chairman, party-in- person.
2. The petitioner is a service provider in Waste Management, approved by the Government of Kerala. The Local Self Government Department of the Government of Kerala issued Ext.P4 Government Order dated 23.05.2012 including more agencies in the panel of Service Providers, in the field of Solid Waste Management. According to the petitioner, the Local Self Government (LSG) Institutions, who issue notice inviting tenders for Solid Waste Management Services, are bound to follow the provisions contained in Vigilance Manual, Store Purchase Manual and directions issued by the Department for LSG.
W.P.(C) No.4517/2021 :6:
3. The 4th respondent, who is the Secretary to Chembilode Grama Panchayat, published Ext.P10 notice dated 15.02.2019, inviting tenders for supply 130 numbers of 0.5 m3 Biogas Plants. The petitioner submitted its tender along with Ext.P11 covering letter dated 01.03.2019. In Ext.P11, the petitioner suggested to the respondents that scientific parameters require 1 m3 plants with water jackets for smooth functioning of the units.
4. The Village Extension Officer of the Panchayat, however, issued Ext.P12 Work Order to the petitioner requiring to supply 210 units of biogas plants of 0.5 m 3. The petitioner submitted agreement along with Ext.P13 letter dated 07.03.2019, in which the petitioner informed the 4 th respondent that 0.5 m3 inclusive of gas holder and digester would be inadequate for processing 2.5 Kg. of waste. The petitioner also submitted Ext.P13(a) invoice dated 25.03.2019. The petitioner states that due to the general elections that intervened and the Kerala Floods 2019, the supply could not be effected immediately. W.P.(C) No.4517/2021 :7:
5. The petitioner supplied 60 plants by 08.08.2019. The 4th respondent did not pay the bill for supply nor the additional charges required for installation, feed materials and taxes, contends the petitioner. The petitioner therefore submitted Ext.P15 representation to the Deputy Director of Panchayats and requested to arrange payment in respect of the effected supply so that balance quantities can be supplied. The petitioner states that respondents 3 and 4 did not take steps to make the payment and the petitioner was forced to file W.P.(C) No.5224 of 2020 on 24.02.2020.
6. The petitioner states that in the said writ petition, this Court directed as an interim measure to install five biogas plants by paying ₹1,500/- per plant. The petitioner installed five plants. The five beneficiaries gave Ext.P18 letters endorsing successful installation and satisfactory working of the plants. The Secretary to the Panchayat, however, issued Ext.P20 letter to the petitioner stating that the installed plants are functioning only up to 15 minutes and according to the Secretary's understanding, the plants W.P.(C) No.4517/2021 :8: should function at least for 40 minutes.
7. The 4th respondent was deliberately making objections to deny payment to the petitioner, contends the petitioner. The petitioner sent Ext.P21 reply letter pointing out that biogas plants of 0.5 m3 are unscientific as already made clear by the petitioner and water jackets are to be installed for optimum functioning of the supplied plants. The petitioner requested the 4th respondent to effect payments against the invoice submitted.
8. In the meanwhile, alleging that the petitioner has supplied lesser number of plants than the 210 to be supplied and the petitioner has installed only 8 biogas plants, that too after the agreement period, the 4 th respondent issued Ext.P22 letter dated 22.12.2020. In Ext P22, it was stated that now there is no valid and subsisting contract with the petitioner and that the petitioner is eligible only for the costs of the supplied biogas plants for which the petitioner will have to produce bill and receipt issued by the Panchayat. The petitioner took up the matter with the 2 nd respondent- W.P.(C) No.4517/2021 :9: Executive Director, Suchitwa Mission as per Ext.P24 letter dated 25.04.2017. Respondents 2 to 4 have not taken any steps to settle the amounts due to the petitioner, contended the petitioner.
9. Respondents 4 and 5 resisted the writ petition, filing a counter affidavit. Respondents 4 and 5 stated that procurement of goods and services by Grama Panchayats is to be based on the Procurement Manual of LSG Institutions appended to Ext.P6 Government Order. LSG institutions have to follow the Procurement Manual. In the tender proceedings for procuring biogas plants, the petitioner became the lowest tenderer, quoting ₹6,500 /- per unit. The selected service provider has to follow the instructions and guidelines issued by the Government from time to time in the matter of supply, installation and maintenance of the biogas plant.
10. Ext.P10 tender notice clearly indicated that the unit cost of biogas plant is ₹10,500/- per unit. As it was a limited tender among the accredited service providers, the W.P.(C) No.4517/2021 : 10 : petitioner ought to have known the specification, condition of installation and maintenance protocols as laid down by the Government Orders. As per Ext.R4(a) Government Order, the unit cost is including cost of materials, labour, conveyance including installation at households/user locations and commissioning facility. Cost is also inclusive of taxes payable. All incidental expenditure including cow dung and other expendable items required for completing the unit has to be provided and it is inclusive in the unit cost. The agency undertaking the supply is bound to train the beneficiary in operation and capacity building of the unit. The agency should also provide one year warranty from the date of installation of the unit.
11. Respondents 4 and 5 stated that 0.5 m3 biogas plants were ordered in view of the standard specifications prescribed by the Suchitwa Mission which is a governmental agency. The Panchayat cannot change the components of an approved project. While the Panchayat earmarked ₹10,500/- per unit, the petitioner quoted ₹6,500/- per unit, W.P.(C) No.4517/2021 : 11 : due to which the Panchayat increased the number of units from 130 to 210. The petitioner submitted two sets of preliminary agreements which clearly stated that a biogas plant should be of size 0.05 m3 with water jacket. But, in the final agreement submitted by the petitioner, the words "with water jacket" were replaced by the words "devoid of water jacket". The implementing officer could not recognise the substitution of words. Merely because the 5 th respondent could not detect the change, the petitioner cannot deviate from the guidelines and government directions, contended respondents 4 and 5.
12. The petitioner supplied only 60 units so far. Ext.P13 agreement became null and void due to lapse of time. The petitioner did not install even a single unit. As per government directions, there cannot be separate installation charges in the case of biogas plants. Some of the beneficiaries installed the units themselves. The units were not working and no training was provided by the petitioner. The District Ooordinator of Suchitwa Mission found that the W.P.(C) No.4517/2021 : 12 : petitioner had supplied biogas plants without water jacket and that causes malfunctioning.
13. Pursuant to the interim orders of this Court in W.P. (C) No.5224 of 2020, the petitioner installed five biogas plants. Respondents 4 and 5 submitted that it is learnt that biogas plants with 0.5 m3 capacity with water jacket are still functioning satisfactorily in other places in the State. As the petitioner failed to adhere to the conditions in the contract, the Panchayat on 04.11.2020 decided to terminate the contract and the Panchayat issued Ext.P22 termination letter on 22.12.2020. The Panchayat was forced to terminate the contract due to the inordinate delay in implementing the project. The writ petition is therefore liable to be dismissed.
14. The 3rd respondent also resisted the writ petition filing counter affidavit. The 3rd respondent stated that the standard specifications are prescribed by Suchitwa Mission, which is the governmental agency, in this matter. The Panchayat cannot change the components of an approved project on its own relying upon the words of a service W.P.(C) No.4517/2021 : 13 : provider. While the Panchayat earmarked ₹10,500/- per unit, the petitioner offered to supply at the rate of ₹6,500/- per unit. In the preliminary agreement, water jacket was included as an essential component. The service provider cannot circumvent government orders by entering into any legal agreement stating entirely new conditions, contrary to the Government Orders.
15. I have heard the petitioner-party-in-person, the learned Government Pleader representing respondents 1 to 3 and 6 and the counsel appearing for respondents 4 and 5.
16. The grievance of the petitioner relates to the alleged violations of contractual terms, non-payment of bill for the biogas plants supplied and inclusion of alleged ineligible entities in Ext.P24 panel of service providers under the Suchitwa Mission. The petitioner was found to be the lowest tenderer in Ext.P10 tender proceedings of Chembilode Grama Panchayat. Ext.P13 agreement was signed by the petitioner for supply of 210 biogas plants. Ext.P12 work order for supply of 210 biogas plants was W.P.(C) No.4517/2021 : 14 : issued by the 5th respondent-Village Extension Officer.
17. The biogas plants were to be supplied in tranches of 30 numbers. It is an admitted position that the petitioner has supplied 60 biogas plants. There was admittedly delay on the part of the petitioner in supply, which was attributable to the intervening general elections and Kerala Floods. The petitioner would allege that they have transported the component parts of the remaining biogas plants to the work site provided by the Grama Panchayat. The Panchayat authorities, however, would dispute receipt of any such component parts.
18. Admittedly, the 4th respondent has not settled the Bill in respect of the first two tranches of supply (30+30) of biogas plants made by the petitioner. The 4 th respondent would state that the petitioner is not entitled to payment for more than one reason. Firstly, the supply was not made within the stipulated time. Secondly, the petitioner has not installed the biogas plants in the houses of beneficiaries. Thirdly, the petitioner has not supplied water jackets which W.P.(C) No.4517/2021 : 15 : are to be part of the biogas plants. Fourthly, the petitioner has not provided training classes for the beneficiaries as agreed. And to top it all, the biogas plants supplied by the petitioner are not functioning properly and even where the petitioner has installed the plants pursuant to the interim direction of this Court, there are complaints of malfunctioning.
19. As regards the delay in supplying biogas plants, as per the contractual terms, the supply ought to have been made within 90 days of work order. Ext.P12 work order was issued on 06.03.2019 and the said period came to an end on 05.06.2019. The petitioner effected the supply only in the month of August, 2019. However, it is an admitted position that there was intervening general elections during April-May, 2019 and consequential Code of Conduct. Thereafter, during and after the supply of 60 biogas plants by the petitioner, the Kerala Floods occurred. The counsel for the 4 th respondent, during the hearing of the case, submitted that the contract was extended till 06.06.2020. Therefore, it has to be held W.P.(C) No.4517/2021 : 16 : that the petitioner has supplied 60 biogas plant units, within the contractual period.
20. As regards the remaining quantities, the case of the petitioner is that the petitioner has transported the component materials to the work site in the Panchayat. The 4th respondent would contend that the Panchayat has not received any component materials from the petitioner. There is nothing on record to arrive at a finding in this regard.
21. The 4th respondent has taken a stand that the petitioner was bound to provide water jackets along with the biogas plants. However, Ext.P13 agreement would indicate that the biogas plants to be supplied by the petitioner, are to include Digester and Gas Holder but "devoid of water jacket". When the agreement entered into by the Grama Panchayat and the petitioner specifically excluded water jacket, the 4 th respondent cannot be heard to contend that the petitioner ought to have provided free of cost water jackets along with biogas plants.
W.P.(C) No.4517/2021 : 17 :
22. The 4th respondent would contend that the agreement excluding water jacket was signed due to a mistake and the petitioner is bound by the guidelines and instructions of the Government and therefore, the petitioner is required to provide water jacket along with each biogas plant. The 4th respondent did not bring to the notice of this Court any guideline or government direction which prohibits tendering of biogas plant without water jacket. At any rate, after signing Ext.P13 agreement, the 4 th respondent cannot take a contrary stand.
23. The 4th respondent would argue that the petitioner ought to have installed biogas plants in the houses of beneficiaries. The 4th respondent relied on Ext.R4(a) G.O. to urge that the unit cost would include installation at households. However, it has to be noted that Clause 6 of Ext.P13 agreement with the petitioner provides that the Grama Panchayat will provide proper address, telephone numbers, etc. for effective supply of plants "in cases where the installations are needed". Clause 11 mandates that if the W.P.(C) No.4517/2021 : 18 : installations are not needed, the petitioner will conduct a class to guide the beneficiaries regarding installation.
24. Exts.P13 letter dated 07.03.2019 issued by the petitioner to the 4th respondent would show that the petitioner had required the respondents to provide list of beneficiaries along with telephone numbers. The 4 th respondent has no case that such a list has been supplied to the petitioner. The only conclusion possible therefore is that the Panchayat or the beneficiaries did not require installation of biogas plants by the petitioner.
25. Ext.P21 communication of the petitioner would show that the petitioner was ready to take classes to the beneficiaries. There is no document on the side of the 4 th respondent which would indicate that the petitioner was required to come and conduct classes for the beneficiaries on any particular day or time or at any venue. In the absence of supply of list of address and telephone number of beneficiaries, the petitioner could not have itself arrange classes. Therefore, the said defence of the 4 th respondent W.P.(C) No.4517/2021 : 19 : cannot be accepted.
26. The 4th respondent will finally urge that the biogas plants supplied by the petitioner are not functioning properly, inasmuch as the functioning lasts for only about 15 minutes and not 40 minutes, as expected. In this regard, it is pertinent to note that from the initial stage, the petitioner has been pointing out that the 0.5 m 3 biogas plants are not viable and would not give optimum utility.
27. In Ext.P11 communication dated 01.03.2019 itself, the petitioner pointed out that a minimum of 1 m 3 plant with water jacket is needed for smooth functioning to manage a minimum waste of 5 Kg. per day. The petitioner reiterated this in Ext.P21 communication also. Furthermore, Ext.P28 minutes of the meeting of service providers convened in the presence of Executive Director of Suchitwa Mission would show that the service providers collectively informed the Director that 0.5 m3 biogas plants are failure and the said meeting decided to take steps to get permission to install 1 m3 biogas plants retaining subsidy. Therefore, it can only W.P.(C) No.4517/2021 : 20 : be inferred that the reduced performance of 0.5 m 3 plants is due to inherent lacuna of the project idea and cannot be attributed to the quality of plants supplied by the petitioner.
28. Furthermore, it has to be noted that this Court in W.P.(C) No.5224 of 2020 passed an interim order on 23.09.2020 directing the petitioner to install five units in houses and directing the 4 th respondent to pay ₹1,500/- per unit as installation charges. The petitioner installed the five units. All the five beneficiaries have given letters as per Ext.P18, certifying their satisfaction on the functioning of the biogas plant units installed. This would also go to show that the biogas plants supplied by the petitioner were flawless.
29. In the facts and circumstances of the case, the petitioner is entitled to receive the cost of the biogas plants supplied by the petitioner. As a matter of fact, the 4 th respondent has admitted in Ext.P22 letter that the petitioner is eligible for the cost of supplied biogas plants on the petitioner producing the bill and receipt issued by the Panchayat at the time of supply of plants. According to the W.P.(C) No.4517/2021 : 21 : petitioner, they have already submitted the same to the Panchayat. At any rate, the supply of 60 biogas plants and installation of five gas plants as per interim orders of this Court, are not in dispute.
30. As regards termination of the contract as per Ext.P22 and entitlement of the petitioner to receive cost of components of plants allegedly transported by the petitioner to the work site, this Court is of the view that these issues involve disputed questions of fact and cannot be decided in these writ proceedings. The petitioner and the 4 th respondent will be at liberty to pursue their respective claims before the appropriate legal forum.
31. The petitioner has sought to quash a panel of service providers selected by the respondents, which has been appended to Ext.P24. There are no materials whatsoever available to hold that any of the agencies enlisted in the panel is ineligible to be empanelled. Such entities are not parties to the writ petition either. The prayer of the petitioner in this regard, is therefore liable to be W.P.(C) No.4517/2021 : 22 : rejected.
In the result, the writ petition is partly allowed. The 4th respondent is directed to pay the cost of biogas plants supplied by the petitioner and installation charges at the rate of ₹1,500/- in respect of the plants installed by the petitioner pursuant to the interim order dated 23.09.2020 of this Court in W.P.(C) No.5224 of 2020, if those charges are not already paid. Challenge against Ext.P24 is repelled. Other issues are left open and the parties are at liberty to agitate those issues before appropriate legal forum.
Sd/-
N. NAGARESH, JUDGE aks/13.06.2022 W.P.(C) No.4517/2021 : 23 : APPENDIX OF WP(C) 4517/2021 PETITIONER'S EXHIBITS EXHIBIT P1 TRUE COPY OF THE DOWN LOADED VERSION FROM THE WEBSITE OF RESP. NO.1 AND 2 SHOWING THE PITIFUL CONDITION OF THE WASTE MANAGEMENT IN THE STATE BEFORE 2011.
EXHIBIT P2 TRUE COPY OF THE FIRST FEW PAGES OF
THE DETAILED PROJECT REPORT OF THE
PETITIONER SUBMITTED TO THEN C. M. OF
KERALA DATED 26.06.2011, WITH
INSTRUCTIONS TO DISCUSS WITH
PETITIONER TO SUBMIT REPORT TO THE
CABINET.
EXHIBIT P3 TRUE COPIES OF SOME RELEVANT PAGES
FROM A SCIENTIFIC BOOK DEALING WITH
THE BIOGAS PLANTS.
EXHIBIT P4 TRUE COPY OF RELEVANT PORTION OF THE
G.O.1418/12/LSGD DATED 23.05.2012.
EXHIBIT P5 TRUE COPIES OF SOME RELEVANT PORTIONS OF THE STORES PURCHASE MANUEL G. O.(P) NO.03/2013 SPD DATED 21.06.2013.
EXHIBIT P6 TRUE COPY OF RELEVANT PAGES OF G.O.NO.
(P) 259/2010/LSGD DATED 08.11.2010 ISSUED BY LSG DEPARTMENT.
EXHIBIT P7 TRUE COPY OF ONLY THE ORDER PORTION OF DIRECTION IN WPC 28921/12 DATED 14TH DEC. 2012.
EXHIBIT P8 TRUE COPY OF ORDER IN WPC 35261/19 DATED 19.12.19.
EXHIBIT P9 TRUE COPY OF THE G.O.NO.151/12/LSGD, DATED 13.01.12 FOR BIGGER PLANTS AND POWER PRODUCTION.
EXHIBIT P10 TRUE COPY OF THE TENDER NOTICE FOR SUPPLY OF BIOGAS PLANTS OF 0.5M 3 SIZE.
EXHIBIT P11 TRUE COPY OF COVERING LETTER IN E TENDER, QUOTE FOR SUPPLY OF PLANTS ETC. DATED 1ST MARCH, 2019.
W.P.(C) No.4517/2021
: 24 :
EXHIBIT P12 TRUE COPY OF WORK ORDER BASED ON A
DECISION OF THE COUNCIL DATED
06.03.2019, FOR ONLY SUPPLY OF PLANTS. EXHIBIT P13 TRUE COPY OF THE FINAL AGREEMENT WITH THE RESPONDENTS 4 AND 5 DATED 07.03.19 FOR SUPPLY OF PLANTS, PAYMENT ETC.
EXHIBIT P13a TRUE COPY OF THE P. INVOICE 201/19 DATED 25.03.19 FOR RS. 13.65 LAKHS.
EXHIBIT P14 TRUE COPY OF ONE OF SUCH REPRESENTATIONS DATED 21.02.2020 SENT TO RESP.4 ETAL. DEMANDING OVER DUE PAYMENT.
EXHIBIT P15 TRUE COPY OF LETTER WRITTEN TO DEPUTY DIRECTOR, PANCHAYATH DATED 07.01.20 ABOUT THE NON PAYMENT, VIOLATION OF THE MANDATED DUTIES BY THE SECRETARY.
EXHIBIT P16 TRUE COPY OF THE LATEST BANK STATEMENT
FROM HDFC BANK DTD. 26.02.2020,
SHOWING FINANCIAL CRUNCHES.
EXHIBIT P17 TRUE COPIES OF TWO OF THE NOTICES SENT
BY CATHOLIC SYRIAN BANK FOR THE
REDEMPTION OF GOLD HYPOTHECATED FOR
THE SOCIETY, WITH BANK DATED
27.01.2020.
EXHIBIT P18 TRUE COPY OF THE SATISFACTORY LETTER
FROM THE BENEFICIARIES STATING THE
PLANT ARE WORKING.
EXHIBIT P19 TRUE COPIES OF PHOTOGRAPHS TAKEN WITH
BENEFICIARIES SHOWING PLANTS ARE
WORKING.
EXHIBIT P20 TRUE COPY OF THE LETTER SENT BY THE
SECRETARY OF CHEMBILOD PANCHAYATH
DATED 19TH NOV. 2020, SHOWING PLANTS
ARE WORKING.
EXHIBIT P21 TRUE COPY OF THE REPLY DATED
26.02.2020 EXPLAINING THAT PLANTS OF 0.5 M 3 CAN WORK ONLY 10-20 MINUTES AS PER SCIENCE.
EXHIBIT P22 TRUE COPY OF ARBITRARY AND ILLEGAL LETTER OF RESP. NO.4 DATED DEC. 2020 TERMINATING CONTRACT.
W.P.(C) No.4517/2021 : 25 : EXHIBIT P23 TRUE COPY OF THE REPLY BY PETITIONER DATED 26TH DEC. POINTING MALA FIDE CONTEMPT OF COURT AND URGING TO REINSTATE CONTRACT ETC.
EXHIBIT P24 TRUE COPY OF LETTER DATED 25.03.2017 ALONG WITH TWO LISTS ADMITTEDLY ISSUED 18.08.2013 AND 05.10.2018, IN VIOLATION EXT. P-7, 8 DIRECTIONS OF HIGH COURT THAT TOO WITHOUT GIVING ANY ORDER TO THE PETITIONER.
EXHIBIT P25 TRUE COPY OF THE AUTHORIZATION OF THE
BOARD OF THE PETITIONER DATED
02.07.2019.
EXHIBIT P27 COPY OF RELEVANT PAGE NO.27 FROM
SCIENTIFIC PUBLISHED BY IRENA.
EXHIBIT P28 COPY OF COVERING LETTER DT 6.3.2015.
Exhibit P29 TRUE COPY OF THE FINAL NOTICE SENT
FROM CSB BANK, DTD. 4/5/2022 SHOWING
AUCTIONING THE GOLD PAWNED, FOR UNDER TAKING THE WORK ALLOTTED BY RESP.
NO.4, ON 18TH MAY, 2022 Exhibit P30 TRUE COPY OF THE LETTER DATED 30/5/2019 SHOWING THE DELAY DUE TO ELECTION IS EXPLAINED AND BILL WILL BE RAISED AS PER ACTUAL SUPPLIES THROUGH MATERIALS FOR ENTIRE 210 PLANTS WERE SUPPLIED ON 06/03/2019 BEFORE RAISING THE BILL DATED 25/3/2019 SHOWING AS SUPPLIES OF ENTIRE PLANTS EFFECTED (REF.EXT.P13A. FOR IM3 PLANTS AFTER DISCUSSIONS) Exhibit P31 TRUE COPY OF LETTER DATED 8/11/2019 GIVEN DIRECTLY TO RESP. NO.4 BY OUR DIRECTOR THOMAS PETITIONER SHOWING BILLS FOR TWO SUPPLIES OF 30 EACH ARE PENDING, FOR THE SUPPLIES MADE BY AUGUST, 2019 THOUGH THE RESP. NO.4 IS MANDATED BY THE AGREEMENT - CLAUSE 0.2 TO MAKE 80 % OF THE PAYMENT ON SUPPLY, BEFORE NEXT SUPPLY W.P.(C) No.4517/2021 : 26 : Exhibit P32 TRUE COPY OF LETTER DATED 8/8/2019 SHOWING BALANCE 60 BURNERS AND VALVES ARE SENT (BALANCE OF BURNERS AND VALVES REMAINING AFTER THE SUPPLY AS PER EXT.P30 AND BILL EXT.P13 A Exhibit P33 CONSOLIDATED SINGLE BILL SENT THROUGH ON OF OUR DIRECTORS LATER AS PER REQUEST OF RESP. NO.4 FOR 60 PLANTS ALREADY SUPPLIED.
Exhibit P34 TRUE COPY OF BILL DATED 7/3/2019 FOR TWO PLANTS AS 0.5 MS PLANTS (THROUGH ONE PLANT IS OF 0.5 M3 AND ANOTHER IS OF 1M3 AS FIRST SAMPLES, AND TO BE PART OF SUPPLIES AS USUAL PRACTICE) Exhibit P35 TRUE COPY OF BILL DATED 20/3/2019 FOR TWO PLANTS AS ONE PLANT OF 0.5M3 AND ANOTHER PLANT OF 1M3 AS PER THE SUGGESTION OF RESP. NO.4 AND 5 AS MOST OF THE SUPPLIES WILL BE OF 1 M3.
Exhibit P36 LETTER FROM DISTRICT COORDINATOR
SUCHITWA MISSION DATED 29/1/2020
REVEAL THE CONSPIRACY AGAINST
PETITIONER AS HE WELL AWARE OF EXT.P28 OF 2015 RESPONDENT'S EXTS R4(A) COPY OF GO DT 20.9.2012 R4(B) COPY OF PRELIMINARY AGREEMENTS DT 2.3.2019. R4(C) COPY OF LETTER DT 4.7.2019 BY 4TH RESPONDENT. R4(D) COPY OF LETTER DT 29.1.2020 BY DISTRICT COORDINATOR.
R4(E) COPY OF ORDER DT 23.9.2020 IN WPC.5224/2020. R4(F) COPY OF ORDER DT 28.10.2020 IN WPC.5224/2020