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Haris T.A vs The State Of Kerala
2021 Latest Caselaw 22598 Ker

Citation : 2021 Latest Caselaw 22598 Ker
Judgement Date : 19 November, 2021

Kerala High Court
Haris T.A vs The State Of Kerala on 19 November, 2021
WP(C) NO. 21468 OF 2021             1




                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     FRIDAY, THE 19TH DAY OF NOVEMBER 2021 / 28TH KARTHIKA, 1943
                          WP(C) NO. 21468 OF 2021
PETITIONER:

              HARIS T.A
              AGED 39 YEARS
              S/O T.A.MAHIN HAJI, RESIDING AT THAYAL MALIKA HOUSE,
              THEKKIL FERRY(PO) KASARAGOD DISTRICT, PIN-671 541.

              BY ADVS.
              JAWAHAR JOSE
              CISSY MATHEWS
              SARUN RAJAN


RESPONDENTS:
     1     THE STATE OF KERALA
           REPREENTED BY ITS SECRETARY, PUBLIC WORKS DEPARTMENT,
           SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001.

      2       THE CHIEF ENGINEER
              (PWD BUILDINGS), PUBLIC OFFICE BUILDING, MUSEUM
              JUNCTION, VIKAS BHAVAN (PO) THIRUVANANTHAPURAM, PIN-695
              033.

      3       THE SUPERINTENDING ENGINEER,
              (PWD BUILDINGS), NORTH CIRCLE, MANANCHIRA (PO)
              KOZHIKODE, PIN-673 001

              BY ADVS.
              SHRI.N.MANOJ KUMAR, STATE ATTORNEY
              GOVERNMENT PLEADER


OTHER PRESENT:
           SRI.K.V.MANOJ KUMAR, SR.GP


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.11.2021, THE COURT ON 19.11.2021 DELIVERED THE FOLLOWING:
 WP(C) NO. 21468 OF 2021          2




                     P.V.KUNHIKRISHNAN, J
               --------------------------------------------
                   W.P.(C.) No.21468 of 2021
                  --------------------------------------
           Dated this the 19th day of November, 2021


                            JUDGMENT

One of the famous quote about School is like this:

"School is a building which has four walls with tomorrow

inside." The schools having sufficient infrastructure including

rooms and learning spaces in good condition is decisive for

students to achieve the expected academic results. The term

infrastructure is comprehensive and there are number of

aspects that are included in it. This include play grounds,

library facilities, laboratories, computer centers, technology,

machinery, tools, equipments etc. When the Government is

trying to increase the infrastructure of schools where our

"tomorrow is inside", it is the duty of each and every citizens

of this country to help the Government to achieve the targets.

PWD Contractors who are constructing the school buildings

and other infrastructures should be more vigilant and should

see that the works are completed within time stipulated in

the contract. Contractors are not one party to a public work

contract. They are also human beings. They may have school

going children. While the contractors are doing the

construction works in school premises, they should see the

faces of innocent children who are studying in those schools

waiting for better infrastructure. That is why I said that the

contractors are not a party to a work contract alone, but they

are also human being and hence should co-operate with the

Government to see that the infrastructure constructions in

schools are completed within the stipulated time. Contractors

are citizen first and then only a party to a work contract.

PWD contractors have got a public duty in addition to their

terms and conditions in their work contract to see that the

infrastructure constructions in schools entrusted to them are

completed within the stipulated time.

2. The petitioner is a PWD contractor. He filed this

writ petition aggrieved by a decision of respondents 2 and 3

whereby the contract work of a school building which was

assigned to him stands cancelled at his risk and cost. The 3 rd

respondent invited tenders for a contract work for the

construction of a school building at Government Higher

Secondary School, Munderi, Kannur District. Tenders were

invited during the month of October, 2020 and the tenders

were opened on 4.12.2020. The petitioner was the lowest

bidder and hence Ext.P1 letter dated 10.12.2020 was issued

to the petitioner intimating him about his selection. Based on

Ext.P1 letter, the petitioner executed an agreement with the

respondents and the site was taken over by the petitioner for

the work on 15.1.2021. Ext.P2 is the acknowledgment form

of handing over the site to the contractor. As per Ext.P3

Project Information sheet, the time of completion of the work

is 12 months. Ext.P4 is the work chart prepared as directed

by the 3rd respondent.

3. It is the case of the petitioner that on 27.03.2021,

as per Ext.P5 notice, the 3rd respondent informed that a delay

occurred in the execution of the work. It is the case of the

petitioner that Ext.P5 is issued even before completion of

three months which is the first target date for achieving the

work milestone of 25%. According to the petitioner, the

general election of the State legislative assembly was on

06.04.2021 and the premises of the Government Higher

Secondary School, Munderi was one of the poling booths in

the Kannur constituency and the work could not be executed

for about two weeks from 27.03.2021 to 10.04.2021. The

petitioner produced Ext.P5(a) to show that the above school

is a poling station for the general election. It is the further

case of the petitioner that, even though the work was

resumed on 12.04.2021, from 06.05.2021 the Government of

Kerala declared complete lock down in Kerala due to Covid

19 pandemic which continued up to 09.06.2021. Exts.P6 to

P9 are the orders. It is the case of the petitioner that, during

the lock down period itself, the 3 rd respondent issued Ext.P10

order terminating the contract at the risk and cost of the

petitioner. It is the specific case of the petitioner that even

though letter dated 03.05.2021 and letter dated 25.05.2021

of the Executive Engineer, PWD Building Division, Thalassery

and also another letter dated 10.05.2021 of the Principal,

Government Higher Secondary School, Munderi are referred

in Ext.P10, the same was not served to the petitioner. The

petitioner challenged Ext.P10 before the 2nd respondent. The

2nd respondent issued orders on 20.07.2021, whereby the

termination of work was revoked on condition that the

petitioner shall deposit the security amount as specified in

the PWD manual. Ext.P11 is the order. The petitioner again

submitted Ext.P12 to review Ext.P11. But the 3 rd respondent

replied to Ext.P12 directing the petitioner to deposit 30% of

the balance work as security as prescribed in PWD manual

for continuing the work. Ext.P13 is the letter. Ext.P14 is the

subsequent letter issued to pay the security deposit.

Subsequently, the 3rd respondent invited fresh tenders for the

same work as per Ext.P16. Aggrieved by the same, this writ

petition is filed.

4. Heard the learned counsel for the petitioner and

the learned Government Pleader.

5. The learned counsel for the petitioner reiterated

his contentions in the writ petition. The learned counsel for

the petitioner submitted that Ext.P5 notice was issued to the

petitioner before completing three months from the date on

which the worksite was handed over to the petitioner. The

counsel submitted that the first work milestone target of 25%

will end only after three months from the date of handing

over of the worksite. Even before completing the three

months, Ext.P5 is issued and that itself shows that there is

malafide intention to terminate the contract on the part of

the respondents. The counsel also submitted that because of

the general election to the legislative assembly the work was

stalled for two weeks. The counsel takes me through

Ext.P5(a) in which it is stated that the Government Higher

Secondary School, Munderi is a polling booth. The counsel

also takes me through Exts.P6 to P9 to show that there was

complete lock down in the State from 06.05.2021 to

09.06.2021. There was no manpower available during this

period and because of the complete lock down, no civil work

was possible or even imagine during that period because of

the situation at that time, is the submission of the petitioner.

The counsel also submitted that Ext.P10 order is passed

without serving the notices referred in that order. It is also

submitted that Ext.P11 order directing the petitioner to

deposit 30% of the balance work as security is unjustified.

According to the counsel, once the above offer is accepted,

then the petitioner has to concede that there is delay in

completing the work. The contention of the petitioner is that

the petitioner completed the targeted milestone as per the

work schedule, if the lock down period and the general

election period is excluded. It is the definite case of the

petitioner that if a measurement as per paragraph 2109 of

PWD manual is done, it will be clear that the petitioner

attained the targeted milestone. It is also the case of the

petitioner that the other contractors too have not done any

work during the period from 08.05.2021 to 09.06.2021 as

there was complete lock down and they were allowed to do

the work after the lockdown period and now they completed

80% of their work. Since the petitioner's contract was

terminated on 28.05.2021, the petitioner could not continue

with the work and otherwise the petitioner could also have

completed 80% of work like other contractors. It is the

definite case of the petitioner that he undertakes to complete

the work within a period of six months from the date of

re-entrustment of the worksite, if the order of termination is

revoked by the competent authority.

6. The learned Government Pleader, on the other

hand, opposed the contentions of the petitioner. The

Government Pleader takes me through the counter affidavit

filed by the 3rd respondent and also the exhibits produced

along with the counter affidavit. The Government Pleader

submitted that the administrative sanction for this work was

on 30.10.2020 for an amount of Rs.225 lakhs. The agreement

was executed with the petitioner on 07.01.2021. The

Government Pleader takes me through Ext.R3(b), which is

the contract data in which the work milestone is mentioned.

The Government Pleader submitted that, by the end of three

months from the date on which the land was handed over,

25% of the work ought to have been completed. Similarly, by

the end of six months, 50% of the work including completion

of building structure is to be completed. Thereafter, by the

end of nine months, 75% of the work is to be completed and

by the end of twelve months, 100% of work is to be

completed. The Government Pleader submitted that even

though several reminders were sent before Ext.P5, there is

no response from the petitioner and that is why Ext.P10

order was passed. In the counter affidavit filed by the 3 rd

respondent, it is stated that before Ext.P5 letter, many letters

were issued to the petitioner from Section Office, Sub

Division Office and Division Office. But none of those letters

were produced along with the counter affidavit. Ext.R3(c) is

a letter issued by the Executive Engineer and that is dated

03.05.2021 and the same is subsequent to Ext.P5. Thereafter

it is stated that Ext.R3(d) was issued. But, on perusal of

Ext.R3(d), it seems that that the same is Ext.P5 itself.

Thereafter, along with the counter affidavit, Ext.R3(e) is

produced to show that there is a letter from the Executive

Engineer to the petitioner on 03.05.2021. Again it seems

that Ext.R3(e) is the same letter, which is produced as

Ext.R3(c). I don't understand why the letter dated 03.5.2021

is produced as Exts.R3(c) and R3(e). Thereafter, Ext.R3(f) is

produced along with the counter and the Government

Pleader submitted that in Ext.R3(f), the Principal of the

School informed the 3rd respondent that there is no men or

machinery in the worksite as on 10.05.2021. But it is to be

noted that, 10.05.2021 is a day on which lock down is in force

as evident by Ext.P6. But the Goverment pleader submitted

that as per clause 17 of Annexure to Ext.P6 will show that

construction and maintenance works is permitted. But the

question is whether the workers were ready to do the work

during such pandamic situation. The Government Pleader

submitted that the machineries and equipments imported and

purchased for installation in the school are kept idle and that

is why the petitioner was directed to complete the work

immediately and when the petitioner refused to complete the

work, Ext.P10 was issued. The learned Government Pleader

also submitted that on 27.05.2021 the Executive Engineer,

Assistant Executive Engineer, Assistant Engineer, Principal

of the said school and PTA Secretary, conducted a joint

inspection at the worksite and assessed the ground situation.

The Government Pleader submitted that there was no men

and machinery available at the site on 27.05.2021 and there

was no representative from the part of the contractor.

Hence, Ext.P10 was issued. At this stage also, it is to be

remembered that as per Ext.P8, the lock down was extended

till 30.05.2021 and on the date on which the inspection was

conducted it was admittedly a lock down day. The

Government Pleader also takes me through Exts.R3(h) and

R3(i) which are the relevant portions of general condition of

contract. The Government Pleader submitted that as per

clause 20.7.(b) if the progress of any portion of the work is

unsatisfactory, the engineer-in-charge, after giving the

contractor 15 days notice in writing, without canceling or

terminating the contract, shall be entitled to employ another

agency for executing the jobs or to carryout the work

departmentally or contractually through tendering process,

either fully or partly, debiting the contractor with cost

involved in engaging another agency or with the cost of

labour and price of materials as the case may be. It is the

specific case of the Government Pleader that there was no

restriction to the already started work as per the model code

of conduct, which came into existence during the general

election period. It is also submitted by the Government

Pleader that the other works under the MUDRAA projects

executed by the other agencies like Nirmithi Kendra, Kannur,

Unique Builders Kannur, Rubco, ULCCS Vadakara etc., were

progressing in the same campus and the work was stalled

only for a period of two days in connection with the election

and restarted on 07.04.2021. No other delay was there at

the site in connection with the legislative assembly election.

It is also submitted that Ward Nos.6 and 7 of Munderi Grama

Panchayat, where the School was situated, were not a

containment zone in 2021. The Government Pleader

submitted that the contractor completed only 11% of the

work and this shows that the work was delayed due to the

default from the part of the contractor and not due to the

lock down. The Government Pleader submitted that even

though Ext.R3(j) was issued by the Chief Engineer [Ext.P11 is

produced as Ext.R3(j)] the petitioner refused to accept that

offer. Ext.R3(k) is the programme schedule and Ext.P4 is also

the same. According to the Government Pleader, the

petitioner failed to complete the work within the schedule

and therefore, Ext.P10 was issued and even after Ext.P11,

the petitioner refused to accept the same and refused to

resume the work. The Government Pleader also submitted

that even the writ petition is filed after a long period and the

refusal on the part of the petitioner to resume the work will

show that he is negligent and not interested to do the work.

Hence, the Government Pleader submitted that the petitioner

is not entitled to any relief.

7. I considered the contentions of the petitioner and

the learned Government Pleader. The work allotted to the

petitioner is the construction of school building and other

allied work at Government Higher Secondary School,

Munderi, Kannur District. The question to be decided is

whether the termination of contract as per Ext.P10 by the 3 rd

respondent is sustainable or not. For better understanding of

the facts the following dates and events will be helpful.

    Sl.No.                Events                      Date

              Administrative       Sanction
        1                                           30.10.20
              granted for the work

              Intimation  from   the    3rd
              respondent to the petitioner
        2                                           10.12.20
              about the acceptance of the
              tender

              Agreement executed with the
        3                                           07.01.21
              petitioner

              The worksite handed over to
        4                                           15.01.21
              the petitioner

                                             i) End of 3 months 25%
                                             ii) End of 6 months
                                             50%           including
              Work     milestone   as    per completion of building

              Exhibit R(3)(b).               structure
                                             iii) End of 9 months
                                             75%
                                             iii) End of 12 months
                                             100%
        6     First reminder letter(Ext P5)         27.03.21

              General Election to       State
        7                                           06.04.21
              Legislative Assembly

              Letter No.D5/BL/2020/6194
              by the Executive Engineer,
        8                                           03.05.21
              Building Division, Thalassery,
              to the petitioner

              GO (Rt.) No. 404/21/DMD
              declaring the lockdown in the
        9                                           06.05.21
              State from 08.05.21 till
              16.05.21(Ext P6)





              Letter No.104/MW of the
       10                                      10.05.21
              Principal Govt.HSS, Munderi

              GO (Rt.) No. 416/2021/DMD
       11     extending the lockdown from      14.05.21
              17.05.21 to 23.05.21.(Ext P7)

              GO (Rt.) No. 432/2021/DMD
       12     extending the lockdown from      21.05.21
              24.05.21 to 30.05.21(Ext P8)

              Letter No. A1 Gen/2021 from
       13                                      25.05.21
              the Executive Engineer

       14     Site inspection                  27.05.21

              Order      cancelling      the
       15                                      28.05.21
              contract.(Ext.P10)

              GO (Rt.) No. 444/2021/DMD
       16     extending the lockdown from      29.05.21
              31.05.21 to 09.06.21.(Ext P7)

              Letter from the petitioner to
       17                                      09.06.21
              the Chief Engineer

              Letter
              No.CE/BL/KNR/65178/2021
              of    the Chief    Engineer
       18                                      23.07.21
              revoking the contract on
              payment of security amount.
              (Ext P11)

              Re-tender notice [GO(Rt.)
       19                                      31.07.21
              No.1444/2021/LSGD]

       20     Representation      by     the   12.08.21
              petitioner to     review   the





              order dated 23.07.21(P11) of
              the Chief Engineer

              Letter   from      the    3rd
       21     respondent to pay 30% of the                  31.08.21
              balance work as security

              The rejection of the prayer to
              lift the payment of security
       22                                                   20.09.21
              deposit    as     per   letter
              No.DB2/BL/2020/6194(P14)



8. From the above dates and events, it is clear that

the worksite was handed over to the petitioner on

15.01.2021. The question to be decided is whether the

petitioner completed the work milestone narrated in

Ext.R3(b) contract data. The petitioner says that he

completed the targeted work, if the period during which the

school was closed in connection with the General Election

and the period during which the lockdown was declared is

excluded. According to the petitioner, Ext.P10 order is

passed based on an inspection conducted on 27.05.2021.

Ext.P10 is dated 28.05.2021. Admittedly, 27.05.2021 is a

lockdown day as evident by Ext.P8. According to the

petitioner, the employees were not available for carrying out

the work and there is complete restriction for doing the civil

works during this period. On the other hand, the Government

Pleader based on the affidavit filed by the 3 rd respondent and

also based on clause 17 of the Annexure to Ext P6 submitted

that there is absolutely no prohibition in doing the civil works

during this period and similar works were completed by the

other agencies in the same School itself. Therefore, the

Government Pleader submitted that there is nothing to

interfere in Ext.P10. It is true that clause 17 of Ext P6

excluded construction and maintenance work from lockdown.

But the question is whether man power was available during

that period because of the pandemic situation. It was a

reality that people were afraid to come out of the house

during that period. A perusal of Ext.P10 and other documents

will show that the inspection of the worksite by the

authorities of respondents are in the absence of the

petitioner. According to the petitioner, no notice was given to

the petitioner and he was not available at the worksite

because of the lockdown. On the other hand, the official

respondents says that there was nobody to represent the

petitioner at the worksite and it is the duty of the contractor

to be present at the worksite at any time and the officials are

duty bound to inspect the worksite. Therefore, the site

inspection was conducted without giving notice to the

petitioner. Ext.P5 notice is the first notice issued by the

respondents. It is true that the 3 rd respondent stated in the

counter affidavit that several letters and reminders were sent

to the petitioner before Ext.P5, but nothing is produced

before this Court to show that there were any such letters or

reminders from the side of the respondent. Ext.P5 is dated

27.03.2021, i.e. within two months and 7 days from the date

on which the worksite was handed over to the petitioner as

per Ext.P2. If we peruse Ext.R3(b), the first work milestone of

25% of work is by the end of three months from the date on

which the worksite was handed over. That means, the first

work milestone is to be completed on or before 14.04.2021.

Admittedly, Ext.P5 notice is on 27.03.2021. Thereafter, the

site inspection was on 27.05.2021 based on which Ext.P10

order cancelling the contract was passed. Admittedly, the

site inspection was conducted in the absence of the

petitioner. As I stated earlier, the petitioner is confident even

now to the effect that, if the measurement of the work is

taken as per paragraph 2109 of PWD Manual, it will be clear

that the petitioner completed the required percentage of

work within the said time schedule. It will be better to

extract the relevant portion of the reply affidavit, which deals

about the above aspect.

"As the worksite was handed over to the contractor on 15-1-2021, the 3 months period expires on 14-4- 2021. The petitioner has completed the required percentage of work within the said time schedule and the same can be ascertained, if any agency like CPWD is entrusted with the said task. That apart, the 3rd respondent has not measured the quantity of works done by the contractor, in accordance with the stipulation in the PWD manual. As per paragraph 2109 of the said manual, every measurement shall be taken by the officer in the presence of the contractor or his authorized agent, and that the signature of the contractor shall be obtained in the measurement book as a token of his acceptance. In the case in hand, no notice was sent to the petitioner, till this day, intimating the intention to take measurement. Thus, the assertion in the counter affidavit that the contractor has completed only 11% of the total work is incorrect."

9. The relevant portion of paragraph 2109 of PWD

Manual, Revised Edition, 2020 is extracted hereunder :

"Payment for the works within the TS powers of the Superintending Engineer shall be based on measurements recorded at various stages of the

work by the Overseer/ Assistant Engineer as the case may be and duly checked by superior officers. The contractor or his authorised agent shall be present at the time of recording of each set of measurements and shall sign the measurement book and/or level field book in token of his acceptance. If the contractor fails to be present at the time of taking measurements either in person or through his authorised agent or fails to accept the measurements or file objections to the measurements with reasons before check measurement, the measurements taken by the Engineer / Overseer shall be deemed to be correct subject to check measurements."

10. I think the dispute can be resolved, if an inspection

is conducted by the competent authorities of respondents

with notice to the petitioner and measure the work already

done by the petitioner. After assessing the work already

done and after excluding the period during which there was

absolute lockdown, during which period no civil work can be

done and also during the period, during when the General

Election was conducted in the state, I think the matter can

be solved. I am taking such a stand because it is a

construction of a School building and other amenities to the

School. A contractor is already appointed and according to

him, he started the work. The respondents also concedes that

the work already started and 11% of the work completed.

But, the work milestone as per Ext.R3(b) is not attained by

the petitioner-contractor. The petitioner says that he attained

the work milestone, if the period during which there was

absolute lockdown and the days on which the General

Election was conducted in the State is excluded from the

above period. This can be easily find out by the authorities

concerned. There is no other allegation against the

petitioner-contractor except the fact that the petitioner has

not completed the work within the time frame fixed in

Ext.R3(b). If this is detected, the re-tendering of the work

and other formalities can be avoided. If Ext.P16 re-tendering

proceedings is to be continued, it will be again delayed. A

new contractor has to be found out, the agreement has to be

executed, the site is to be handed over and he has to start

and complete the work. The ultimate beneficiaries of the

work is the students. I am also taking note of the averments

in the reply affidavit filed by the petitioner, in which it is

specifically stated that, the petitioner is ready to complete

the work within a period of six months from the date of re-

entrustment of the worksite. Therefore, according to me,

without interfering with Ext.P10 and P11 orders, there can

be a direction to the petitioner to submit a fresh

representation before the 3rd respondent to reconsider Ext

P10. The 3rd respondent and the other officers can inspect the

worksite with notice to the petitioner and measure the work

already done by the petitioner and find out whether the work

milestone as per Ext.R3(b) is attained by the petitioner. Of

course, while assessing the work milestone as per Ext.R3(b),

the 3rd respondent will consider to excude the days during

which there was absolute lockdown in the State, by which the

civil works are prohibited and also the days on which the

School premises was given to the officials of the Election

Commission, in connection with the General Election. Based

on such measurement, the 3rd respondent can decide whether

Ext.P10 is to be reconsidered or not. The 3 rd respondent will

take a pragmatic approach in the matter, considering the

entire facts and circumstances of this case. I once again

make it clear that it is the discretion of the 3 rd respondent to

pass appropriate orders in the representation. But, the 3 rd

respondent will consider the delay that will occur if the re-

tendering process based on Ext.P16 is continued. Therefore,

without interfering with Exts.P10 and P11, there can be a

direction to the petitioner to file a representation before the

3rd respondent to review Ext.P10 order with a request to

measure the work already done by the petitioner after giving

notice to him. Based on the same, the respondents can decide

whether Ext.P10 is to be reviewed or not. There is already an

interim order staying further proceedings consequent to Ext

P16. The same can be continued till final orders are passed

by the 3rd respondent in the representation.

Therefore, this writ petition is disposed in the following

manner :

1) The petitioner will submit a representation before the

3rd respondent narrating his contentions and grounds to

review Ext.P10 order and also requesting the 3 rd

respondent to conduct a site inspection, with notice to

the petitioner. The representation, if any shall be filed

within 5 days from today.

2) Once such a representation is received, the 3 rd

respondent will consider the same and conduct a site

inspection with notice to the petitioner and measure the

work already done by the petitioner in accordance to

paragraph 2109 of PWD Manual.

3) Based on the inspection and also based on the

contentions and grounds mentioned by the petitioner in

the representation, the 3rd respondent will decide,

whether to review Ext.P10 or not.

4) The above exercise should be completed by the 3 rd

respondent within two weeks from the date of receipt of

the representation because the construction proposed is

for a School building and the amenities in the School.

Therefore, the 3rd respondent will decide the matter

immediately, without any delay.

5) If the representation is submitted as directed above, all

further proceedings based on Ext P16 should be kept it

abeyance till a decision is taken in the representation.

6) Issue a copy of this judgment today itself.

Sd/-

P.V.KUNHIKRISHNAN JUDGE DAS dm SKS

APPENDIX OF WP(C) 21468/2021

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE LETTER DATED 10.12.2020 ISSUED BY THE 3RD RESPONDENT

Exhibit P2 TRUE COPY OF THE ACKNOWLEDGMENT FORM DATED 15.1.2021 EVIDENCING THE HANDING OVER OF THE WORK SITE

Exhibit P3 TRUE COPY OF THE PROJECT INFORMATION SHEET WITH RESPECT TO THE CONTRACT WORK ISSUED BY THE 3RD RESPONDENT

Exhibit P4 TRUE COPY OF THE PROGRAM SCHEDULE SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT

Exhibit P5 TRUE COPY OF THE NOTICE DATED 27.3.2021 ISSUED BY THE 3RD RESPONDENT

Exhibit P5(A) TRUE COPY OF THE RELEVANT PAGES OF THE POLLING STATIONS IN KANNUR CONSTITUENCY DATED NIL

Exhibit P6 TRUE COPY OF THE ORDER DATED 6.5.2021 BEARING NUMBER GO (RT)404/2021/DMD

Exhibit P7 TRUE COPY OF THE ORDER DATED 14.5.2021 BEARING NUMBER GO(RT) 416/2021/DMD

Exhibit P8 TRUE COPY OF THE ORDER DATED 21.5.2021 BEARING NUMBER GO(RT) 432/2021/DMD

Exhibit P9 TRUE COPY OF THE ORDER DATED 29.5.2021 BEARING NUMBER GO(RT) 444/2021/DMD

Exhibit P10 TRUE COPY OF THE ORDER DATED 28.5.2021

BEARING NUMBER EB2/BL/2020/6194

Exhibit P11 TRUE COPY OF THE ORDER DATED 23.7.2021 BEARING NUMBER CE/BL/KNR/65178/2021

Exhibit P12 TRUE COPY OF THE LETTER DATED 12.8.2021 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT

Exhibit P13 TRUE COPY OF THE LETTER DATED 31.8.2021 BEARING NUMBER DB2/BL/2020/6194 ISSUED BY THE 3RD RESPONDENT

Exhibit P14 TRUE COPY OF THE LETTER DATED 20.9.2021 BEARING NUMBER DB2/BL/2020/6194 ISSUED BY THE 3RD RESPONDENT TOGETHER WITH THE POSTAL COVER

Exhibit P15 TRUE COPY OF THE TRACKING DETAILS DOWNLOADED FROM THE WEBSITE OF POSTAL DEPARTMENT WITH RESPECT TO THE CONSIGNMENT BEARING NUMBER RL467614678IN

Exhibit P15(A) TRUE COPY OF THE RELEVANT PAGES OF THE KERALA PUBLIC WORKS DEPARTMENT MANUAL (REVISED EDITION 2012)

Exhibit P16 TRUE COPY OF THE NOTICE DATED 2.10.2021 INVITING TENDER ISSUED BY THE 3RD RESPONDENT

Exhibit P17 TRUE COPY OF THE ORDER DATED 31.7.2021 BEARING NUMBER 1444/2021/LSGD

RESPONDENTS EXTS:

EXT.R3(A) COPY OF THE DOCUMENT MADE BY MEMBER OF PARLIAMENT SRI.K.K.RAGESH

EXT.R3(B) COPY OF RELEVANT PAGE OF CONTRACT DATA

EXT.R3(C) COPY OF LETTER DTD.3.5.2021 ISSUED FROM THE OFFICE OF THE EXECUTIVE ENGINEER.

EXT R3(D) COPY OF THE LETTER DTD.27.3.2021

EXT R3(E) COPY OF LETTER ISSUED BY THE EXECUTIVE ENGINEER.

EXT R3(F)                 COPY OF LETTER DTD 10.5.2021

EXT R3(G)                 COPY OF THE LIST OF MACHINERIES AND

EQUIPMENTS IMPORTED AND PURCHASED FOR INSTALLATION IN SCHOOL WHICH ARE IDLING.

EXT R3(H) COPY OF THE RELEVANT PAGE OF THE CONTRACT

EXT R3(I) COPY OF THE RELEVANT PAGE OF SBD

EXT R3(J) COPY OF THE LETTER DTD 23.7.2021

EXT R3(K) COPY OF THE PROGRAMME SCHEDULE OF THE WORK WHICH FORM PART OF THE CONTRACT.

/TRUE COPY/

P.A.TO JUDGE

 
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