Nizamudeen A vs State Of Kerala

Citation : 2025 Latest Caselaw 3455 Ker
Judgement Date : 13 August, 2025

Kerala High Court

Nizamudeen A vs State Of Kerala on 13 August, 2025

Author: N. Nagaresh
Bench: N.Nagaresh
                                                   2025:KER:60847

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

                THE HONOURABLE MR.JUSTICE N.NAGARESH

 WEDNESDAY, THE 13TH DAY OF AUGUST 2025 / 22ND SRAVANA, 1947

                      WP(C) NO. 38799 OF 2024

PETITIONER:

           NIZAMUDEEN A.,
           AGED 58 YEARS
           S/O.ALIKANNU, THOPPIL GARDENS,
           THOLIKKUZHY,
           ADAYAMON P.O., KILIMANOOR,
           THIRUVANANTHAPURAM, PIN - 695614

           BY ADVS.
           SHRI.T.RAJASEKHARAN NAIR
           SHRI.AJITH KRISHNAN



RESPONDENTS:

    1      STATE OF KERALA
           REPRESENTED BY THE PRINCIPAL SECRETARY,
           INDUSTRIES DEPARTMENT,
           GOVERNMENT SECRETARIAT,
           THIRUVANANTHAPURAM, PIN - 695001

    2      THE TRAVANCORE CEMENTS LTD.,
           REPRESENTED BY ITS MANAGING DIRECTOR,
           NATTAKAM, KOTTAYAM, PIN - 686013

 *ADDL.3   JACOB THOMAS,
           AGED 62 YEARS,
           S/O CHACKO THOMAS,
           VAZHAKKALATHIL HOUSE,
           PARANTANKUZHI LANE,
           ARATHUTI,
           KOTTAYAM-686001
                                            2025:KER:60847
W.P.(C) No.38799/2024 & COC.2566/2022
                               :2:


 *ADDL.4 M.C. JAYACHANDRAN,
         AGED 62 YEARS,
         S/O CHANDRASEKHARAN NAIR,
         CHANDRALAYAM HOUSE,
         S.H.MOUND P.O,
         KOTTAYAM.

          (ADDITIONAL RESPONDENTS 3 AND 4 ARE IMPLEADED
          AS PER ORDER DATED 13.08.2025 IN I.A.No.2 OF
          2024 IN W.P.(C) No.38799/2024).


          BY ADVS.
          SRI.MILLU DANDAPANI
          SRI.K.S.PRENJITH KUMAR
          SMT.BEA MARY BENNY
          SRI. BIJOY CHANDRAN, SR. GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY
HEARD ON 18.06.2025, ALONG WITH Con.Case(C).2566/2022,
THE COURT ON 13.08.2025 DELIVERED THE FOLLOWING:
                                                 2025:KER:60847
W.P.(C) No.38799/2024 & COC.2566/2022
                               :3:



           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

             THE HONOURABLE MR.JUSTICE N.NAGARESH

WEDNESDAY, THE 13TH DAY OF AUGUST 2025/22ND SRAVANA, 1947

                 CON.CASE(C) NO. 2566 OF 2022

           AGAINST THE JUDGMENT DATED 05.08.2022 IN WP(C)
           NO.13125 OF 2022 OF HIGH COURT OF KERALA
PETITIONER:

           NIZAMUDEEN A.
           AGED 58 YEARS
           MANAGING DIRECTOR,
           M/S.THOPPIL INFRA ASSOSCIATES, THOPPIL
           BUILDING, THOLIKUZHI, ADAYAMON P.O.,
           KILIMANOOR, THIRUVANANTHAPURAM, PIN - 695614

           BY ADV SHRI.T.RAJASEKHARAN NAIR


RESPONDENTS:

  *    1   DR. V.P. JOY      (DELETED)
           (AGE AND FATHER NAME NOT KNOWN TO THE
           PETITIONER) CHIEF SECRETARY TO GOVERNMENT,
           STATE OF KERALA, GOVERNMENT SECRETARIAT,
           THIRUVANANTHAPURAM, PIN - 695001

  *    2   PRANAB JYOTHINATH     (DELETED)
           (AGE AND FATHER'S NAME NOT KNOWN TO THE
           PETITIONER) SECRETARY TO GOVERNMENT, STATE OF
           KERALA, IRRIGATION DEPARTMENT, GOVERNMENT
           SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

  *    3   SUMAN BILLA IAS    (DELETED)
           (AGE AND FATHER'S NAME NOT KNOWN TO THE
           PETITIONER) ADDITIONAL CHIEF SECRETARY,
           INDUSTRIES DEPARTMENT, GOVERNMENT SECRETARIAT,
           THIRUVANANTHAPURAM - 695 033.
                                             2025:KER:60847
W.P.(C) No.38799/2024 & COC.2566/2022
                               :4:



           (RESPONDENTS 1 TO 3 ARE DELETED FROM THE ARRAY
           OF PARTIES AS PER ORDER DATED 19.12.2022 IN
           COC.)

  *    4   ANIL KUMAR      (REPLACED)
           (AGE AND FATHER'S NAME NOT KNOWN TO THE
           PETITIONER) MANAGING DIRECTOR, TRAVANCORE
           CEMENTS LIMITED, NATTAKAM, KOTTAYAM-686 0134.

           (THE NAME OF THE 4TH RESPONDENT IS REPLACED AS
           - T.G.ULLAS KUMAR, AGED 62 YEARS, S/O. LATE
           T.N.GOPALA   RATNAM,    WORKING   AS   MANAGING
           DIRECTOR, TRAVANCORE CEMENTS LTD., RESIDING AT
           CHAKKAMPARAMBIL       HOUSE,      KODAMTHURUTH,
           KUTHIATHODE P.O., ALAPPUZHA DISTRICT, AS PER
           ORDER DATED 05.02.2024 IN IA NO.3/2024 IN COC.)


           BY ADVS.
           SRI. BIJOY CHANDRAN, SR. GOVERNMENT PLEADER
           SRI.MILLU DANDAPANI


     THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP
FOR     ADMISSION    ON    18.06.2025,    ALONG    WITH
WP(C).38799/2024, THE COURT ON 13.08.2025 DELIVERED THE
FOLLOWING:
                                                               2025:KER:60847
W.P.(C) No.38799/2024 & COC.2566/2022
                               :5:




                          N. NAGARESH, J.

         `````````````````````````````````````````````````````````````
                     W.P.(C) No.38799 of 2024
                                     and
          Contempt of Court Case (C) No.2566 of 2022

          `````````````````````````````````````````````````````````````
               Dated this the 13th day of August, 2025


                            JUDGMENT

~~~~~~~~~ Contempt Case (C) No.2566/2022 and W.P. (C) No.38799/2024 are being heard together and disposed of by a common judgment. Contempt Case No.2566/2022 has been filed by the petitioner alleging violation of the directions of this Court contained in the judgment dated 05.08.2022 in W.P.(C) No.13125/2022. By the judgment in W.P.(C) No.13125/2022, this Court directed the 8th respondent

-Travacore Cements Limited to disburse ₹3,57,50,000/- depoisted by the petitioner, in accordance with the directions 2025:KER:60847 W.P.(C) No.38799/2024 & COC.2566/2022 :6: in Ext.P7 within three months of receipt of copy of the judgment. The petitioner was granted liberty to agitate any further claims before appropriate forum.

2. W.P.(C) No.38799/2024 has been filed by the petitioner seeking to direct the respondents to keep in abeyance all further proceedings pursuant to Exts.P10 and P11 notices issued by the 2nd respondent-Travancore Cements Limited till the final quantification of the amount as per Ext.P6 calculation made by the petitioner, which is due to the petitioner.

3. M/s. Thoppil Infra Associates of which the petitioner is the Managing Director had filed W.P.(C) No.13125/2022. The petitioner stated that he entered into Ext.P1 agreement with the Travancore Cements Limited for desiltation programme of Lower Periyar Reservoir. Though the petitioner executed agreement, he faced several obstacles. Permission was not granted by the KSFE and Forest Department to start the work. The term of contract 2025:KER:60847 W.P.(C) No.38799/2024 & COC.2566/2022 :7: was extended by three years. Permissions were not obtained even within the extended period.

4. The Government considered the matter in detail and passed Ext.P7 order directing the Travancore Cements Limited to release the Earnest Money and Security Deposit of ₹3,57,00,000/- with interest at the prevailing bank rate with effect from the date of agreement. The petitioner filed W.P.(C) No.13125/2022 claiming the said amount. This Court directed to disburse the amount of ₹3,57,50,000/- deposited by the petitioner in accordance with the directions contained in Ext.P7 therein within three months. Hence, the petitioner filed Contempt of Court Case No.2566/2022.

5. The petitioner states that during the pendency of the Contempt of Court Case, the Travancore Cements Limited attempted to sell their property. The public auctions did not materialise. Ultimately, the petitioner along with Sri. M.K. Nassarudeen Musaliar, as a Joint Venture, submitted their tender, which was accepted. The Travancore 2025:KER:60847 W.P.(C) No.38799/2024 & COC.2566/2022 :8: Cements Limited forwarded the proposal to the Government for confirmation. The Government granted consent.

6. The petitioner requested the 2nd respondent to finalise the amount due to the petitioner along with interest as directed by this Court. The 2nd respondent requested the Government to compute and finalise the amount. In the meanwhile, the 2nd respondent issued letter to the petitioner directing to remit an amount of ₹2 Crores as the first instalment amount towards the tender amount within a period of one month as per Ext.P8 letter dated 19.09.2024. The petitioner submitted Ext.P9 letter requesting to extend the time to remit since the amount due to the petitioner is not quantified. The 2nd respondent then issued Ext.P11 letter dated 21.10.2024 directing the petitioner to remit 55% of the total sale amount. The petitioner did not pay. The 2nd respondent took a decision to cancel the tender. The action of the respondents in cancelling the tender is highly arbitrary and illegal, contends the petitioner. The petitioner therefore 2025:KER:60847 W.P.(C) No.38799/2024 & COC.2566/2022 :9: seeks to keep in abeyance further proceedings pursuant to Exts.P10 and P11 notices on cancellation of contract.

7. The 2nd respondent resisted the writ petition filing counter affidavit. The work of desiltation of Lower Periyar Reservoir was given to M/s. Thoppil Infra Associates. The consortium remitted EMD of ₹50 lakhs and made a security deposit of ₹3,07,50,000/- for the contract awarded. However, clearance from Forest Department / Central Government could not be obtained and hence the work could not be started. It was for no fault of the petitioner or of the Travancore Cements Limited.

8. The petitioner claimed refund of ₹16,01,26,000/- under different heads. ₹16,01,26,000/- is a highly inflated claim. Since the project had to be cancelled, the Government ordered Travancore Cements Limited to refund the security deposit with interest at prevailing Bank rates to the petitioner.

2025:KER:60847 W.P.(C) No.38799/2024 & COC.2566/2022 : 10 :

9. The 2nd respondent stated that their Company is on the verge of closure. Therefore, it was decided to sell the landed assets. The petitioner along with one M.K. Nassarudeen Musaliar became the successful bidder in the fourth instance. They offered ₹23.07 Crores. The petitioner was required to remit ₹2 Crores. The issue with respect to the refund of security amount to the petitioner and the issue of sale of land are two different causes of action and cannot be clubbed together even though intention behind selling the Company land is to refund the amount paid as per Ext.R1(a).

10. Additional respondents 3 and 4, who are retired employees of the 2nd respondent-Company opposed the writ petition. Huge amounts are due to the retired employees of the Company under the Payment of Gratuity Act. The Controlling authority has directed the Company to disburse gratuity benefits to the retired employees with 10% interest. The amounts have not been paid so far. The 2025:KER:60847 W.P.(C) No.38799/2024 & COC.2566/2022 : 11 : property of the Company was put to sale in order to satisfy the terminal benefits of employees. The attempt of the writ petitioner is to defeat the benefit of Award passed by the Controlling Authority in favour of the employees.

11. I have heard the learned counsel for the petitioner, the learned Government Pleader representing the 1st respondent, the learned Standing Counsel appearing for the 2nd respondent and the learned counsel appearing for additional respondents 3 and 4.

12. M/s.Thoppil Infra Associates of which the petitioner is the Managing Director had entered into an agreement with the 2nd respondent-Company for removal of approximately 1000000 M3 of sediments from the Lower Periyar Reservoir. The petitioner had remitted ₹50 lakhs towards Earnest Money Deposit and another ₹3,07,50,000/- towards security deposit. The work could not be started or completed since the KSEB and Forest Department did not grant permission.

2025:KER:60847 W.P.(C) No.38799/2024 & COC.2566/2022 : 12 :

13. In the circumstances, the petitioner is entitled to refund of EMD and security deposit. In fact, the said issue is concluded by the judgment dated 05.08.2022 of this Court in W.P.(C) No.13125/2022. In the said judgment, this Court directed the 2nd respondent-Company to disburse the amount of ₹3,57,50,000/- deposited by the petitioner in accordance with the directions in Ext.P7 therein.

14. Ext.P7 therein was an order passed by the Government directing the Managing Director of the 2 nd respondent-Company to refund the EMD and security deposit to the petitioner with interest at the prevailing bank rate with effect from the date of the agreement which is 23.12.2015.

15. By the time, the 2nd respondent-Company was in financial doldrums. The Company was not in a position to pay even monthly salary of employees. Statutory dues like PF, KSEB bill, Gratuity, etc. is lying unpaid. In fact, according to the 2nd respondent, the Company is on the verge of closure. The 2nd respondent therefore decided to sell their 2025:KER:60847 W.P.(C) No.38799/2024 & COC.2566/2022 : 13 : landed assets and raise liquidity so as to comply with the judgment of this Court and to clear statutory dues.

16. When the 2nd respondent attempted to sell their property situated in Ernakulam District with the permission of the Government, the petitioner along with Sri. M.K. Nassarudeen Musaliar as a Joint Venture submitted their tender. They turned out to be successful bidders. The Government issued letter dated 13.09.2024 granting consent to the sale on certain conditions. The 2nd respondent thereupon directed the petitioner to remit an amount of ₹2 Crores as the first instalment amount towards the bid amount within a period of one month. The petitioner submitted a reply requesting extension of time for payment since the quantum of amount due to the petitioner is still pending finalisation. The 2nd respondent again issued another letter dated 21.10.2024 directing the petitioner to remit 55% of the total sale amount being the first and second instalment on or before 25.10.2024 and threatened to cancel the tender 2025:KER:60847 W.P.(C) No.38799/2024 & COC.2566/2022 : 14 : without further notice. It is in such circumstances that the petitioner filed W.P.(C) No.38799/2024.

17. It is not in dispute that an amount of ₹3,57,50,000/- with interest is due to the petitioner towards refund of EMD and security deposit in connection with the aborted desiltation programme of Lower Periyar Reservoir. The Government of Kerala has directed the 2nd respondent to refund the said amount with interest at the prevailing bank rate with effect from 23.12.2015. According to the petitioner and the 2nd respondent, the Government of Kerala has to compute the interest in order to quantify the actual amount due to the petitioner.

18. The 2nd respondent would submit that the refund of the amount is payable to M/s. Thoppil Infra Associates of which the petitioner is the Managing Director. The land of the 2nd respondent-Company was bid not by M/s. Thoppil Infra Associates. The land was bid by the petitioner and Sri. M.K. Nassarudeen Musaliar as a Joint Venture. Both 2025:KER:60847 W.P.(C) No.38799/2024 & COC.2566/2022 : 15 : are two different entities and both are two different transactions. Therefore, the petitioner cannot be heard to contend that he is liable to honour the terms and conditions of sale of the landed property of the 2nd respondent-Company only after the Company pays the amount due to the petitioner.

19. Considering the facts of the case, this Court cannot accept such hyper technicalities to deny and defeat the claim of the petitioner. It is to be noted that huge amounts are due to the petitioner since the year 2015. In spite of repeated requests made by the petitioner, the Company was not in a position to pay the amounts. The Company had decided to sell its landed properties in order to discharge the liabilities to the petitioner also.

20. The repeated attempts of the Company to sell off its landed property in Ernakulam District did not materialise initially. It is in such circumstances that the petitioner along with Sri. M.K. Nassarudeen Musaliar bid the 2025:KER:60847 W.P.(C) No.38799/2024 & COC.2566/2022 : 16 : property. In the circumstances of the case, the petitioner is entitled to set off the amounts payable to him by the Company towards refund of EMD and security deposit against the sale consideration.

21. The difficulty arose due to the fact that the amount payable to the petitioner towards refund of EMD and security deposit with interest was not quantified. Once the amount is quantified, the petitioner's Joint Venture can pay the balance sale consideration and conclude the sale. As the sale consideration in respect of the land is sufficiently high, the amount would be sufficient to satisfy the claims of additional respondents 3 and 4 also.

22. The Senior Government Pleader, in his notes dated 19.06.2025, submitted that the amount due to the petitioner in terms of the Government Order dated 09.11.2021 was computed through a certified financep professional. On the basis of the report of the CA Firm which was entrusted for the purpose, the amount due to the 2025:KER:60847 W.P.(C) No.38799/2024 & COC.2566/2022 : 17 : petitioner, i.e., principal plus interest was quantified as ₹5,38,27,404/-, taking the rate of interest at the rate fixed by the Reserve Bank of India from time to time.

23. In the facts and circumstances of the case, the writ petition is disposed of with the following directions:

(i) The 2nd respondent-

Travancore Cements Limited is directed to set off / adjust the amount of ₹5,38,27,404/- (along with accruing interest, if any) against the sale price payable by the petitioner's joint venture and intimate the petitioner the balance amount payable towards sale price.

                   (ii)         The petitioner shall pay the
         balance     sale       consideration   to   the   2nd

respondent within a period of two months.

                   (iii)        On the petitioner paying the
         balance         sale   consideration    within    the

stipulated time, the 2nd respondent shall execute necessary documents conveying the property to the petitioner's joint venture.

(iv) If the petitioner fails to pay the balance amount within the stipulated 2025:KER:60847 W.P.(C) No.38799/2024 & COC.2566/2022 : 18 : time, the 2nd respondent-Company will be free to proceed with re-auction of the property.

(v) If the petitioner has any further claims, those claims can be agitated before the appropriate forum including the Government of Kerala as adjudicated by this Court in Ext.P2 judgment in W.P.(C) No.13125/2022.

In the light of the directions given above, the Contempt of Court Case is closed.

Sd/-

N. NAGARESH, JUDGE aks/12.08.2025 2025:KER:60847 W.P.(C) No.38799/2024 & COC.2566/2022 : 19 : APPENDIX OF CON.CASE(C) 2566/2022 PETITIONER'S ANNEXURES Annexure-A CERTIFIED COPY OF THE JUDGMENT DATED 05/08/2022 IN W.P.(C)NO.13125/2022 ON THE FILE OF THIS HON'BLE COURT RESPONDENT'S ANNEXURES Annexure R4(b) True copy of the Government order bearing no. GO(MS)No.46/2011/ID dated 21/02/2011.

Annexure R4(d) True copy of the minutes of the meeting dated 4.06.2018.

Annexure R4(e) True copy of the report submitted by the Project Officer bearing no. H-

6803/17dated 12.11.2018 Annexure R4(f) True copy of the report of the Dy.

Inspector General of Forest (Central), Regional Office, Bangalore bearing no F.No.4-KLB.1159/2018-BAN dated 10.04.2019 Annexure R4(g) True copy of the letter of the Principal Chief Conservator of Forest to the Dy. Inspector General of Forest (Central), Regional Office, Bangalore bearing noFC2-35277/2016 dated 09.10.2019.

Annexure R4(h)       True copy of the report submitted by
                     Travancore    Cements    Ltd.    dated
                     02.12.2019
Annexure R4(i)       True copy of the letter to the

Government of Kerala bearing ref. no. 0325 dated 21.05.2022 Annexure R4(j) True copy of letter to the petitioner bearing no. no 0444 dated 10.06.2022 Annexure R4(a) True copy of Government order bearing no. G.O.(Rt) No. 276/2010/PD dated 20/12/2010.

Annexure R4(c) True copy of the acknowledgment dated 10.05.2016 issued by the Forest 2025:KER:60847 W.P.(C) No.38799/2024 & COC.2566/2022 : 20 : Department on receipt of the application.

PETITIONER'S ANNEXURES Annexure A A TRUE PHOTOCOPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT Annexure B A TRUE PHOTOCOPY OF THE ORDER DATED 12.9.2023 ISSUED BY THE GOVERNMENT Annexure C A TRUE PHOTOCOPY OF THE LETTER DATED 18.11.2023 ISSUED BY THE RESPONDENT COMPANY Annexure D A TRUE PHOTOCOPY OF THE CLARIFICATION IN RESPECT OF THE INTEREST OF THE AMOUNT DUE TO THE PETITIONER SUBMITTED BEFORE THE RESPONDENT Annexure E A TRUE COPY OF THE JUDGMENT DATED 11.8.2023 PASSED BY THE SUPREME COURT IN CIVIL APPEAL NO.3798/2023 Annexure F A TRUE PHOTOCOPY OF THE BID SUBMISSION CONFIRMATION ISSUED IN FAVOR OF THE PETITIONER DATED 9.8.2024 Annexure G A TRUE PHOTOCOPY OF THE LETTER DATED 13.9.2024 ISSUED BY THE GOVERNMENT TO THE RESPONDENT COMPANY Annexure H A TRUE PHOTOCOPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT 16.2.2024 Annexure I A TRUE PHOTOCOPY OF THE LETTER SUBMITTED BY THE RESPONDENT BEFORE THE GOVERNMENT DATED 29.6.2024 Annexure J A TRUE PHOTOCOPY OF THE LETTER DATED 19.9.2024 ISSUED BY THE RESPONDENT TO THE PETITIONER Annexure K A TRUE PHOTOCOPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT DATED 21.09.2024 Annexure L A TRUE PHOTOCOPY OF THE LETTER DATED 8.10.2024 ISSUED BY THE RESPONDENT TO THE PETITIONER Annexure M A TRUE PHOTOCOPY OF THE LETTER DATED 21.10.2024 ISSUED BY THE RESPONDENT TO 2025:KER:60847 W.P.(C) No.38799/2024 & COC.2566/2022 : 21 : THE PETITIONER Annexure N A TRUE PHOTOCOPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT Annexure O A TRUE PHOTOCOPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT COMPANY Annexure P A TRUE PHOTOCOPY OF THE LETTER DATED 13.2.2025 ISSUED BY THE GOVERNMENT RESPONDENT'S ANNEXURES ANNEXURE I THE COMPUTATION MADE WHILE ARRIVING THE AMOUNT DUE TO THE PETITIONER 2025:KER:60847 W.P.(C) No.38799/2024 & COC.2566/2022 : 22 : APPENDIX OF WP(C) 38799/2024 PETITIONER EXHIBITS Exhibit P1 A TRUE PHOTOCOPY OF THE ORDER NO. G.O. (RT)NO.1227/2021/ID DATED 9.11.2021, ISSUED BY THE 1ST RESPONDENT Exhibit P2 A TRUE PHOTOCOPY OF THE JUDGMENT DATED 5.8.2022 IN W.P.(C) NO.13125/2022 PASSED BY THIS COURT Exhibit P3 A TRUE PHOTOCOPY OF THE INTERIM DATED 5.2.2024 IN CONTEMPT OF COURT CASE (C)NO.2566/2022 PASSED BY THIS COURT Exhibit P4 A TRUE PHOTOCOPY OF THE BID SUBMISSION CONFIRMATION ISSUED IN FAVOR OF THE PETITIONER DATED 9.8.2024 Exhibit P5 A TRUE PHOTOCOPY OF THE LETTER DATED 13.9.2024 ISSUED BY THE GOVERNMENT TO THE 2ND RESPONDENT COMPANY Exhibit P6 A TRUE PHOTOCOPY OF THE REPRESENTATION DATED 16.2.2024 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT Exhibit P7 A TRUE PHOTOCOPY OF THE LETTER DATED 29.6.2024 SUBMITTED BY THE 2 ND RESPONDENT BEFORE THE GOVERNMENT Exhibit P8 A TRUE PHOTOCOPY OF THE LETTER DATED 19.9.2024 ISSUED BY THE RESPONDENT TO THE PETITIONER Exhibit P9 A TRUE PHOTOCOPY OF THE REPRESENTATION DATED 21.09.2024 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P10 A TRUE PHOTOCOPY OF THE LETTER DATED 8.10.2024 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER Exhibit P11 A TRUE PHOTOCOPY OF THE LETTER DATED 21.10.2024 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER EXHIBIT R2(a) True copy of the agreement entered into between the petitioner and 2nd respondent dated 23.12.2015 EXHIBIT R2(b) The true copy of the order bearing no.

GO No 67/2023/ID dated 12.9.2023 2025:KER:60847 W.P.(C) No.38799/2024 & COC.2566/2022 : 23 : EXHIBIT R2(c) true copy of the e-Tender No. TCL/MM/ETEND/2024-25/5 dated 20/7/2024 through Kerala Govt e-portal EXHIBIT R2(d) True copy of the Letter of Intent dated 19.09.2024 EXHIBIT R2(e) True copy of the Board resolution dated 30.10.2024 of 2nd respondent RESPONDENT EXHIBITS Annexure R3(a) A TRUE COPY OF JUDGMENT DATED 22.08.2023 IN WP (C) NO. 2287 OF 2023 Annexure R3(b) A TRUE COPY OF THE JUDGMENT DATED 14.11.2023 IN RP NO. 998 OF 2023 IN WP (C) NO. 2287 OF 2023 OF THIS HON'BLE COURT Annexure R3(C) A TRUE COPY OF ORDER DATED 12.09.2024 OF THIS HON'BLE COURT IN IA NO.2 /2024 IN RP NO. 998 OF 2023