Kerala High Court
National Energy And Waste ... vs State Of Kerala on 14 June, 2022
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
:2:
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
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
(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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
APPENDIX OF WP(C) 4517/2021
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE COPY OF THE DOWN LOADED VERSION
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
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
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
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
