T.Muhammedali vs State Of Kerala
2022 Latest Caselaw 1447 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                        PRESENT
          THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 2ND DAY OF FEBRUARY 2022 13TH MAGHA, 1943
                WP(C) NO. 17562 OF 2021
PETITIONER:

         P.G.RAGHAVAN PILLAI @ PRIYANKUMAR
         AGED 45 YEARS
         S/O.GOVINDAPILLAI, PAINGATTAZHIKATHUVEEDU,
         NADUVILEMURI, CHATHAKULAM P.O., KOLLAM 690 520

         BY ADVS.
         RESHMI JACOB
         PRIYADARSINI VINCENT
         BOBY THOMAS
RESPONDENTS:
    1    STATE OF KERALA
         REP.BY SECRETARY TO GOVERNMENT,
         FOOD AND CIVIL SUPPLIES DEPARTMENT,
         GOVERNMENT SECRETARIAT,
         THIRUVANANTHAPURAM 695 001
    2    THE CHIEF SECRETARY
         GOVERNMENT SECRETARIAT, GOVERNMENT OF KERALA,
         THIRUVANANTHAPURAM 695 001
    3    DEPARTMENT OF FINANCE
         REP.BY SECRETARY TO GOVERNMENT,
         GOVERNMENT SECRETARIAT,
         THIRUVANANTHAPURAM 695 001
    4    COMMISSIONER OF CIVIL SUPPLIES
         DEPARTMENT OF CIVIL SUPPLIES,
         PUBLIC OFFICE BUILDING, MUSEUM ROAD,
         VIKAS BHAVAN S.O., THIRUVANANTHAPURAM 695 001
    5    DIRECTOR OF CIVIL SUPPLIES
         PUBLIC OFFICE BUILDING, MUSEUM ROAD,
         VIKAS BHAVAN S.O., THIRUVANANTHAPURAM 695 001

         SRI.K.P.JAYACHANDRAN, ADDL.AG

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 02.02.2022, ALONG WITH WP(C).17739/2021,
18487/2021 AND CONNECTED CASES, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.17562/2021 & Connected cases
                                :2:




          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
            THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 2ND DAY OF FEBRUARY 2022/13TH MAGHA, 1943
                    WP(C) NO. 17739 OF 2021
PETITIONER:

           P.A.NOUSHAD
           AGED 58 YEARS
           ARD NO.1732044 (STATE SECRETARY - ALL KERALA
           RETAIL RATION DEALERS ASSOCIATION, REG.
           NO.540/89, PARAKKATTU BUILDING, PULLEPPADY
           ROAD, ERNAKULAM, RESIDING AT 48/1837, PEEBEES
           PARAKKATTU HOUSE, PUTHENPURA ROAD, ELAMAKKARA,
           COCHIN-682026

           BY ADVS.
           K.JAJU BABU (SR.)
           BRIJESH MOHAN
           M.U.VIJAYALAKSHMI


RESPONDENTS:

    1      STATE OF KERALA
           REPRESENTED BY SECRETARY TO GOVERNMENT
           FOOD AND CIVIL SUPPLIES DEPARTMENT
           GOVERNMENT SECRETARIAT,
           THIRUANANTHAPAURAM 695 001
    2      THE DIRECTOR OF CIVIL SUPPLIES,
           OFFICE OF THE COMMISSIONER OF CIVIL SUPPLIES
           PUBLI OFFICE COMPLEX
           THIRUVANANTHAPURAM 695 033
    3      KERALA STATE CIVIL SUPPLIES CORPORATION
           (SUPPLYCO), MAVELI BHAVAN, MAVELI ROAD,
           GANDHI NAGAR, COCHIN-682020
           REPRESENTED BY ITS CHAIRMAN AND MANAGING
           DIRECTOR
 W.P.(C) No.17562/2021 & Connected cases
                                :3:


           BY ADVS.
           SHRI.K.P.JAYACHANDRAN, ADDL. ADVOCATE GENERAL
           R.LAKSHMI NARAYAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 02.02.2022, ALONG WITH WP(C).17562/2021 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C) No.17562/2021 & Connected cases
                                :4:




          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
            THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 2ND DAY OF FEBRUARY 2022/13TH MAGHA, 1943
                    WP(C) NO. 18487 OF 2021
PETITIONERS:

    1      AJITH,
           AGED 53 YEARS
           ARD NO.5 (FPS-1949005), KATTUKULAM, ALANELLUR,
           MANNARKKAD TALUK, PALAKKAD DISTRICT-678601.
    2      SIVADASAN P.,
           AGED 57 YEARS
           ARD NO. 142 (FPS-1946142). VELIKKAD P.O.,
           MUNDUR, PALAKKAD TALUK,
           PALAKKAD DISTRICT-678592.

           BY ADVS.
           M.V.BOSE
           VINOD MADHAVAN
           SHARATH S.PUTHENPARAMPAN
           ASLEM SANJID.M.


RESPONDENTS:

    1      THE STATE OF KERALA,
           REPRESENTED BY SECRETARY,
           DEPARTMENT OF FOOD AND CIVIL SUPPLIES,
           GOVERNMENT SECRETARIAT,
           THIRUVANANTHAPURAM-695001.
    2      THE STATE OF KERALA,
           REPRESENTED BY SECRETARY,
           DEPARTMENT OF FINANCE, GOVERNMENT SECRETARIAT,
           THIRUVANANTHAPURAM-695001.
    3      THE CHIEF SECRETARY,
           GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT,
           THIRUVANANTHAPURAM-695001.
 W.P.(C) No.17562/2021 & Connected cases
                                :5:


    4      THE COMMISSIONER,
           DEPARTMENT OF CIVIL SUPPLIES,
           PUBLIC OFFICE BUILDING, MUSEUM,
           VIKAS BHAVAN P.O., THIRUVANANTHAPURAM-695033.
    5      THE DIRECTOR,
           DEPARTMENT OF CIVIL SUPPLIES,
           PUBLIC OFFICE BUILDING, MUSEUM,
           VIKAS BHAVAN P.O., THIRUVANANTHAPURAM-695033.

           BY ADV SHRI.K.P.JAYACHANDRAN, ADDL. ADVOCATE
           GENERAL

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 02.02.2022, ALONG WITH WP(C).17562/2021 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C) No.17562/2021 & Connected cases
                                :6:




          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
            THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 2ND DAY OF FEBRUARY 2022/13TH MAGHA, 1943
                    WP(C) NO. 25197 OF 2021
PETITIONERS:

    1      T.MUHAMMEDALI
           AGED 64 YEARS
           ARD NO 143, PALANGAD, KANNIPPARAMBU, MAVOOR,
           KOZHIKODE (ALSO THE GENERAL SECRETARY,
           ALL KERALA RETAILS RATION DEALERS ASSOCIATION)
           RESIDING AT NOUFAL NIVAS CHEROOPPA,
           KOZHIKODE-673 661
    2      BABY THOMAS,
           ARD NO.213, THRIPUNITHURA, ERNAKULAM-682 301,
           (ALSO THE ORGANIZING SECRETARY ALL KERALA
           RETAIL RATION DEALERS ASSOCIATION) RESIDING AT
           NADUVILA VEETIL THEKKUMBHAGAM, MARKET ROAD,
           THRIPUNITHURA-682 301

           BY ADVS.
           K.JAJU BABU (SR.)
           BRIJESH MOHAN
           ANTONY THOMAS
           M.U.VIJAYALAKSHMI
           ALISHA CHALAKAL


RESPONDENTS:

    1      STATE OF KERALA
           REPRESENTED BY SECRETARY TO GOVERNMENT,
           FOOD AND CIVIL SUPPLIES DEPARTMENT,
           GOVERNMENT SECRETARIAT,
           THIRUANANTHAPURAM-695 001.
    2      THE DIRECTOR OF CIVIL SUPPLIES,
           OFFICE OF THE COMMISSIONER OF CIVIL SUPPLIES,
           PUBLIC OFFICE COMPLEX,
           THIRUANANTHAPAURAM-695 033.
 W.P.(C) No.17562/2021 & Connected cases
                                :7:


    3      KERALA STATE CIVIL SUPPLIES
           CORPORATION(SUPPLYCO)
           MAVELI BHAVAN, MAVELI ROAD, GANDHI NAGAR,
           COCHIN-682 020, REPRESENTED BY ITS CHAIRMAN AND
           MANAGING DIRECTOR.
    4      UNION OF INDIA
           REPRESENTED BY SECRETARY TO GOVERNMENT OF
           INDIA, MINISTRY OF CONSUMER AFFAIRS,
           FOOD AND PUBLIC DISTRIBUTION ,
           NEW DELHI-110 006.

           BY ADVS.
           SHRI.K.P.JAYACHANDRAN, ADDL. ADVOCATE GENERAL
           SRI.R.LAKSHMI NARAYAN
           SRI.JAGADEESH LAKSHMAN, CGC
           SRI.S.MANU, ASGI

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 02.02.2022, ALONG WITH WP(C).17562/2021 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C) No.17562/2021 & Connected cases
                                :8:




                           N. NAGARESH, J.

          `````````````````````````````````````````````````````````````
               W.P.(C) Nos.17562, 17739, 18487
                      and 25197 of 2021

          `````````````````````````````````````````````````````````````
              Dated this the 2nd day of February, 2022

                            JUDGMENT

~~~~~~~~~

Petitioners in these writ petitions are Authorised

Retail Distributors (ARD) appointed under Clause 45 of the

Kerala Rationing Order, 1966. The petitioners seek to

declare that the ARDs appointed under the Kerala Rationing

Order, 1966 are eligible and entitled for commission towards

distribution of the Free Food-Kits pursuant to Government

Order dated 06.04.2020. Consequential and incidental reliefs

are also sought for.

2. The petitioners state that as per the provisions of

the Food Safety Act, for public distribution of food articles,

permissible commission is ₹220/- per quintal. The W.P.(C) No.17562/2021 & Connected cases

Government of Kerala issued Ext.P3 order dated 30.11.2018

(in W.P.(C) No.17739/2021) in tune with the Food Safety Act,

fixing commission for ARDs at the rate of ₹220/- per quintal.

Therefore, from the year 2018, the ARDs are entitled to

commission as prescribed under Ext.P3.

3. The Government issued Ext.P4 order dated

06.04.2020 (in W.P.(C) No.17739/2021) deciding to supply

free Food-Kits of 17 food articles to all ration card holders

and also to those not having ration cards. The decision was

taken in the context of Covid-19 pandemic. The distribution

of free Food-Kits was to be done by ARDs and the

expenditure was to be met from the Chief Minister's Relief

Fund. Ext.P5 instructions dated 08.04.2020 (in W.P.(C)

No.17739/2021) made it clear that any delay or latches on

the part of the ARDs in distributing free Food-Kits would be

seriously dealt with. Ext.P5 did not refer to any commission

payable.

4. The petitioners state that on 23.07.2020, the

Government proposed commission at the rate of ₹5/- per free W.P.(C) No.17562/2021 & Connected cases

Food-Kit. The All Kerala Retail Ration Dealers' Association

objected to the rate and consequently, the rate was revised

to ₹7/- per free Food-Kit as per Ext.P6 order dated

30.07.2020 (in W.P.(C) No.17739/2021). The petitioners

state that the free Food-Kits ordered to be supplied as per

Ext.P4 were of 10 Kg. each and therefore going by Ext.P3,

the petitioners are eligible to get commission at the rate of

₹22/- per kit. However, the petitioners were paid only ₹7/- per

kit. Even the said commission was discontinued during the

months of May, June and July, 2020.

5. Distribution of Free Food-Kit was resumed in

August, 2020 and the Kits weighed 5.100 to 5.400 Kg. The

Government ordered to collect ₹500/- to ₹700/- from the

ARDs as donation to the Chief Minister's Relief Fund, as per

Ext.P7(a). The Government has been collecting from the

ARDs One Rupee per Quintal of Rice and Wheat towards

Covid Relief Fund. The Government as per Ext.P7 Order

directed to pay ₹1,000/- as honorarium to ARDs. The so-

called honorarium was paid to ARDs from the amounts W.P.(C) No.17562/2021 & Connected cases

collected from the ARDs. At the same time, by Ext.P8 order

dated 19.02.2021, the commission was reduced from ₹7/- to

₹5/- per kit.

6. The said commission at the rate of ₹5/- was paid

only for the month of August, 2020. For the month of

September, 2020, no commission has been paid. The

Government, however, made payments for packing charges,

sealing charges and transporting charges, promptly. By G.O.

dated 17.05.2021, the Government decided to continue to

give Covid-19 Free Food Kits in May, 2021 also. The All

Kerala Retail Ration Dealers' Association submitted Ext.P10

representation dated 25.05.2021 demanding sanction and

disbursement of commission pending from September, 2020.

Pursuant thereto, Ext.P11 G.O. was issued permitting the

Director of Civil Supplies to disburse ₹4.25 Crores towards

ARD commission. However, arrears of commission for the

last 11 months remain yet to be paid.

7. The learned counsel for the petitioners argued that

the ARDs are eligible and entitled to commission towards W.P.(C) No.17562/2021 & Connected cases

supply of rationed articles under the Public Distribution

System in accordance with the time limit prescribed in Ext.P1

and the rate fixed by the Government in Ext.P3. The ARDs

have supplied Free Food-Kit along with other rationed

articles as a sincere service, in implementation of Ext.P4 in

the wake of spread of Covid-19 pandemic. The Government

has paid charges incurred for preparation and distribution of

Free Food-Kits in the fields of Packing, Sealing,

Transportation, etc. The ARDs, who have supplied the Kits to

end-users alone, are discriminated against.

8. The 1st respondent-State of Kerala resisted the

writ petition filing counter affidavit. The 1 st respondent

contended that the disbursement of commission and price

fixing for the free distribution of Food-Kits is a policy decision

of the Government, not covered by any statute. Hence, a writ

petition is not maintainable. The State is responsible to

ensure that every household get adequate food at fair price.

The decision to distribute Free Food-Kits was taken in the

wake of Covid-19 Lockdown. Seventeen essential grocery W.P.(C) No.17562/2021 & Connected cases

items were purchased by Supplyco. The ARDs only did

personal distribution. Government initially decided to pay at

the rate of ₹5/- to ARDs which was enhanced to ₹7/- later.

For Onam Kit distribution consisting of 11 food items also,

amounts were sanctioned at the rate of ₹5/-.

9. The Director, Civil Supplies disbursed

₹5,91,36,112/- for supply of subsistence kit. Unfortunately,

the ARDs' Association demanded commission for distribution

of Free Food-Kits to the general public. As a goodwill

gesture, the Government offered ₹5/- per kit which was later

enhanced to ₹7/-. The petitioners have no legal right to claim

commission for distribution of Free Food-Kits. The ARDs

were supplied with Food-Kits at door step. They only had to

distribute the same. No efforts were needed at the end of

ARDs. During difficult times, all agencies including

Government servants, came forward giving physical and

other supports to aid the Government in its Herculean efforts

to keep the pandemic situation under control. Every citizen,

Agency and Organisation in Kerala took it as their duty and W.P.(C) No.17562/2021 & Connected cases

obligation to help the State's efforts without expecting or

demanding anything in return.

10. Still, considering the demands of ARDs, the

Government sanctioned honorarium of ₹1,000/- to them.

Covid Insurance of ₹7.5 lakhs was provided to 28398 ARD

Dealers and Salesmen during pandemic period spending

₹3,01,02,000/-. The ARDs were receiving commission at the

rate of ₹220/- per Quintal for the additional food grains

distributed under various schemes like PMGKAY and ANB of

Government of India and also OMSS scheme. The ARDs

were placed in a financially stable condition even when all

other traders and labourers suffered. The respondents urged

that it is unfair to demand commission for service rendered

by the ARDs during the pandemic period which is against the

humanity and spirit of brotherhood.

11. I have heard the learned counsel for the

petitioners, the learned Additional Advocate General and

Government Pleader representing the State of Kerala and

the learned Standing Counsel for Kerala State Civil Supplies W.P.(C) No.17562/2021 & Connected cases

Corporation.

12. The ARDs of the petitioners were governed by the

Kerala Rationing Order, 1966 and are now governed by the

Kerala Targeted Public Distribution System (Control) Order,

2021. The petitioners were appointed under the Kerala

Rationing Order, 1966. The commission/margin payable to

the ARDs/Fair Price Shops appointed under the Kerala

Rationing Order, 1966 and the Kerala Targeted Public

Distribution System (Control) Order, 2021 for distribution of

rationed articles, is governed by the packages and orders

issued by the Government from time to time.

13. Ext.P3 G.O. dated 30.11.2018 was issued in the

context of implementation of the Food Safety Act, 2013 in

Kerala. Ext.P3 provided that ration dealers who distribute

pulses up to 44 Quintal are eligible to receive commission at

the rate of ₹220/- per Quintal. Distribution of Free Food-Kits

undertaken by the Government during Covid-19 pandemic

stands on different footing. The Free Food-Kits weighed,

prepared and packed are supplied at the door of ARDs and W.P.(C) No.17562/2021 & Connected cases

the ARDs were to only distribute the prepared Food-Kits to

eligible citizens.

14. The Free Food-Kit distribution was a special case

requiring much lesser efforts on the part of ARDs. The

Government therefore originally fixed ₹5/- per Kit as

commission, as per a G.O. dated 23.07.2020 and taking into

consideration the request of the All Kerala Retail Ration

Dealers' Association, the commission was enhanced to ₹7/-

per Kit as per Ext.P6 G.O. dated 30.07.2020. The petitioners

are entitled to receive commission at the rates prescribed

under Ext.P6 G.O. The petitioners have no legal right to

claim commission prescribed under Ext.P3 G.O., which was

not intended to apply to special cases like Free Food-Kit

distribution.

15. The stand of the Government is that since the

Free Food-Kit distribution is a humanitarian service and since

a large number of NGOs and common public came forward

to render free service in the massive efforts of the

Government to combat Covid-19 pandemic, the supply of W.P.(C) No.17562/2021 & Connected cases

"free food" kit through ration shops shall be treated as

voluntary service and not a paid job. A service becomes

voluntary only when the person performs it willingly without

pay. In the case of Free Food-Kit distribution, neither

willingness was called for from the ARDs nor the ARDs have

came forward themselves expressing willingness to do the

service without payment. The Government required the

ARDs to distribute Free Food-Kits and even indicated that

non-distribution of Kits in time will be viewed seriously. In the

circumstances, the Government will not be justified in

treating the Free Food-Kit distribution as voluntary service by

ARDs.

16. Yet another fact projected by the Government is

that the Government has sanctioned an amount of ₹1,000/-

as honorarium to the ration dealers towards distribution of

Free Food-Kits, as per G.O. dated 09.09.2020 and has

provided Covid Insurance of ₹7.5 lakhs for one year. Such

benefits extended by the Government cannot be treated as

benefits in lieu of commission/margin payable to the ARDs. W.P.(C) No.17562/2021 & Connected cases

Furthermore, after issuing Ext.P6 G.O., the Government

would not be justified in denying declared commission to the

ARDs in view of the principles of estoppel. The defence of

the Government based on payment of Honorarium and Covid

Insurance, is therefore only to be rejected.

17. As far as distribution of Onam Kits are concerned,

the Onam Kits contained only 11 items and the Government

has fixed ₹5/- per Kit as commission as is evident from

Ext.P8 G.O. dated 19.02.2021. As the Onam Kits contain

lesser number of items, there is no illegality or arbitrariness

in fixing a lesser rate for distribution. The petitioners cannot

as of right claim that they should be paid at a higher rate for

distribution of Onam Kit.

The writ petitions are accordingly disposed of

holding that the petitioners are not legally entitled to claim

commission for distribution of Covid-19 Free Food-Kits and

Onam Kits at the rates prescribed in Ext.P3 G.O. dated

30.11.2018. The respondents are directed to disburse

arrears of commission, if any, payable to the petitioners for W.P.(C) No.17562/2021 & Connected cases

distribution of Covid-19 Free Food-Kits and Onam Kits at the

rates specified in Exts.P6 and Ext.P8, within a period of two

months.

Sd/-

N. NAGARESH, JUDGE aks/24.01.2022 W.P.(C) No.17562/2021 & Connected cases

APPENDIX OF WP(C) 17562/2021

PETITIONER'S EXHIBITS

Exhibit P1 A TRUE COPY OF THE ORDER DATED 18.2.2021 ISSUED BY THE STATE GOVERNMENT Exhibit P2 A TRUE COPY OF THE REPRESENTATION DATED 26.7.2021 SUBMITTED BEFORE THE FOOD AND CIVIL SUPPLIES MINISTER, KERALA Exhibit P3 TRUE COPY OF THE EXTRACTS OF THE QUESTION AND ANSWERS RAISED IN THE STATE ASSEMBLY HELD ON 11.8.2021 W.P.(C) No.17562/2021 & Connected cases

APPENDIX OF WP(C) 17739/2021

PETITIONER'S EXHIBITS

P1 COPY OF CIRCULAR NO.9/2018 DT 11.6.2018.

P2 COPY OF COMMUNICATION DT 17.7.2018 FORWARDED BY THE 2ND RESPONDENT TO 1ST RESPONDENT P3 COPY OF GO DT 30.11.2018 P4 COPY OF GO DT 6.4.2020 P5 COPY OF INSTRUCTIONS DT 8.4.2020 FORWARDED BY THE 3RD RESPONDENT P6 COPY OF GO DT 30.7.2020 P7 COPY OF GO DT 9.9.2020 P7(a) COPY OF NOTICE DT 24.7.2020 BY CITY RATIONING OFFICER P8 COPY OF GO DT 19.2.2021 P9 COPY OF ORDER DT 25.5.2021 ISSUED BY THE 3RD RESPONDENT P10 COPY OF REPRESENTATION DT 25.5.2021 P11 COPY OF GO DT 27.5.2021 P12 COPY OF REPRESENTATION DT 19.7.2021 P13 COPY OF COMMUNICATION DT 2.8.2021 BY 3RD RESPONDENT P14 COPY OF ANSWER GIVEN BY MINISTER FOR FOOD AND CIVIL SUPPLIES DT 4.8.2021 P15 COPY OF SPEECH DT 5.8.2021 OF MINISTER FOR FOOD AND CIVIL SUPPLIES FOR 2021-

P16 COPY OF ANSWER GIVEN BY THE MINISTER OF FOOD AND CIVIL SUPPLIES ON 11.8.2021 P17 COPY OF NEWS REPORT APPEARED IN MALAYALA MANORAMA DT 30.8.2021. P18 TRUE COPY OF THE APPLICATION DATED

18.8.2021 SUBMITTED BY THE PETITIONER UNDER RIGHT TO INFORMATION ACT W.P.(C) No.17562/2021 & Connected cases

P19 TRUE COPY OF THE REPLY VIDE NO-354/19 DATED 23.9.2021 OBTAINED BY THE PETITIONER UNDER RIGHT TO INFORMATION ACT.

W.P.(C) No.17562/2021 & Connected cases

APPENDIX OF WP(C) 18487/2021

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE GO(MS)NO.46/2018/F&CSD DATED 30/11/2018 ISSUED BY THE FOOD AND CIVIL SUPPLIES DEPARTMENT (B), GOVERNMENT OF KERALA.

Exhibit P2           TRUE     COPY      OF      THE      GO(RT)
                     NO.96/2021/F&CSD      DATED    18/02/2021

ISSUED BY THE FOOD AND CIVIL SUPPLIES DEPARTMENT (D), GOVERNMENT OF KERALA.

Exhibit P3           TRUE     COPY      OF      THE      GO(RT)
                     NO.241/2021/F&CSD     DATED    27/05/2021

ISSUED BY THE FOOD AND CIVIL SUPPLIES DEPARTMENT (D), GOVERNMENT OF KERALA. Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED 01/07/2021 PREFERRED BY THE KERALA STATE RETAIL RATION DEALER'S ASSOCIATION BEFORE THE HON'BLE MINISTER OF CIVIL SUPPLIES.

Exhibit P5           TRUE COPY OF THE REPRESENTATION DATED
                     26/07/2021    PREFERRED      BEFORE    THE

HON'BLE MINISTER OF CIVIL SUPPLIES BY THE CONSORTIUM OF VARIOUS REPRESENTATIVES OF THE ARD'S Exhibit P6 TRUE COPY OF THE RELEVANT EXTRACT OF THE QUESTION AND ANSWER RAISED IN THE KERALA STATE ASSEMBLY DATED ON 11/08/2021.

W.P.(C) No.17562/2021 & Connected cases

APPENDIX OF WP(C) 25197/2021

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE GOVERNMENT ORDER GO(MS) NO 46/2018/F & CSD DATED 30.11.2018 Exhibit P2 TRUE COPY OF THE GOVERNMENT ORDER GO(RT) NO 106/2020/F& CSD DATED 6.4.2020 Exhibit P3 TRUE COPY OF THE GOVERNMENT ORDER GO(RT) NO 211/2020/F &CSD DATED 30.7.2020 Exhibit P4 TRUE COPY OF THE GOVERNMENT ORDER GO(RT) NO 98/2021/F &CSD DATED 9.2.2021 Exhibit P5 TRUE COPY OF THE ORDER VIDE NO M2-

23814/2020(2) DATED 25.5.2021 ISSUED BY THE 3RD RESPONDENT Exhibit P6 TRUE COPY OF THE REPRESENTATION DATED 25.5.2021 SUBMITTED BY THE ALL KERALA RETAIL RATION DEALERS ASSOCIATION BEFORE THE GOVERNMENT Exhibit P7 TRUE COPY OF THE GOVERNMENT ORDER GO(RT) NO 241/2021/G & CSD DATED 27.5.2021 Exhibit P8 TRUE COPY OF THE COMMUNICATION VIDE NO CCS/2245/2021-A7 DATED 2.8.2021 FORWARDED BY THE 3RD RESPONDENT Exhibit P9 TRUE COPY OF THE ANSWER GIVEN BY MINISTER FOR FOOD AND CIVIL SUPPLIES DATED 4.8.2021 REGARDING THE COMMISSION TO THE ARDS Exhibit P10 TRUE COPY OF THE SPEECH DATED 5.8.2021 OF THE MINISTER FOR FOOD AND CIVIL SUPPLIES FOR THE FINANCIAL YEAR 2021- 22 GIVEN FOR PUBLICATION Exhibit P11 TRUE COPY OF THE ANSWER GIVEN BY THE MINISTER FOOD AND CIVIL SUPPLIES ON 11.8.2021 REGARDING THE COMMISSION TO ARDS W.P.(C) No.17562/2021 & Connected cases

Exhibit P12 TRUE COPY OF THE GOVERNMENT ORDER GO(RT) NO 334/2021/F & CS DATED 1.9.2021 Exhibit P13 TRUE COPY OF THE ORDER VIDE NO CCS/174/2091-A9 DATED 10.9.2021 OF THE 2ND RESPONDENT Exhibit P14 TRUE COPY OF THE NOTICE DATED 25.8.2021 REGARDING THE RELAY SATHYAGRAPHA (NON VIOLENT RESISTANCE) IN SECRETARIAT FROM 1ST SEPTEMBER Exhibit P15 TRUE COPY OF THE REPLY TO EXT P 14 VIDE NO D1/44/2021/F& CSD DATED 21.10.2021 GIVEN BY THE 1ST RESPONDENT Exhibit P16 TRUE COPY OF THE APPLICATION DATED 18.8.2021 SUBMITTED BY THE PETITIONER UNDER RIGHT TO INFORMATION ACT Exhibit P17 TRUE COPY OF THE REPLY VIDE NO B-

354/19 DATED 23.9.2021 OBTAINED BY THE PETITIONER UNDER RIGHT TO INFORMATION ACT Exhibit P18 TRUE COPY OF THE REPLY TO EXT P16 VIDE NO B-354/19 DATED 23.9.2021 OBTAINED BY THE PETITIONER UNDER RIGHT TO INFORMATION ACT Exhibit P19 TRUE COPY OF THE NOTICE VIDE NO A1-

569/2020 DATED 24.7.2020 PUBLISHED BY THE CITY RATIONING OFFICER Exhibit P20 TRUE COPY OF THE GOVERNMENT ORDER GO(RT) NO 268/2020/F& CSD DATED 9.9.2020 Exhibit P21 TRUE COY OF THE GOVERNMENT LETTER NO.C3/25/2021/F&CSD DATED 06.11.2021 FORWARDED TO THE 3RD RESPONDENT.

Exhibit P22 TRUE COPY OF THE COMMUNICATION DATED 10.11.2021 ISSUED BY THE 3RD RESPONDENT TO THE REGIONAL MANAGER.

Exhibit P23          TRUE COPY OF THE COMMUNICATION DATED
                     03.12.2021     ISSUED    BY    THE   3RD
                     RESPONDENT TO THE DEPOT MANAGER.