Thulasi Bhai Krishnan and Prasanna Anand v State of Kerala and others

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR** ## **&** **THE HONOURABLE MR. JUSTICE SHAJI P.CHALY** **MONDAY, THE 1[ST] DAY OF NOVEMBER 2021 / 10TH KARTHIKA, 1943** ## **WP(C) NO. 4530 OF 2019** ## **PETITIONERS:** - 1 THULASI BHAI KRISHNAN, AGED 56 YEARS, D/O.KRISHNAN, RESIDING AT KAITTIYANICKAL, CHITHITAPURAM.P.O, ANACHAL, IDUKKI DISTRICT. - 2 PRASANNA ANAND, AGED 52 YEARS, W/O ANANDAN, RESIDING AT P.R.ESTATE, KALLAR VATTIYAR.P.O, KARADIPPARA, IDUKKI DISTRICT. BY ADVS.RAJAN VISHNURAJ SRI.V.HARISH ## **RESPONDENTS:** - 1 STATE OF KERALA, RPRESENTED BY THE PRINCIPAL SECRETARY, LOCAL SELF GOVERNMENT INSTITUTIONS DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. - 2 CHIEF ENGINEER, KERALA STATE RURAL ROADS DEVELOPMENT AGENCY, SWARAJ BHAVAN, THIRUVANANTHAPURAM-695 001. - 3 EXECUTIVE ENGINEER, PMGSY PROGRAM IMPLEMENTATION UNIT, IDUKKI DISTRICT, PANCHAYATH OFFICE BUILIDING PAINAVU, IDUKKI-685 603. - 4 DOMINIC ZACHARIAS, MANAGING PARTNER, M/S MAJESTIC CONSTRUCTIONS, KARINKUNNAM.P.O, THODUPUZHA, IDUKKI-685 586. BY ADVS. SR. GOVERNMENT PLEADER SRI.K.P.HARISH SRI.DEEPU LAL MOHAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 4530 OF 2019 :: 2 :: ## **JUDGMENT** Dated this the 1[st] day of November 2021 ## **S.MANIKUMAR, C.J.** Petitioners in this writ petition are stated to be permanent residents of the Pallivasal Panchayat in Idukki district and concerned about the irresponsible and unplanned manner of executing the Kambiline Unnikuzhi Kallar Road under the Pradhan Manthri Gram Sadak Yojana – II Scheme (PMGSY-II). 2. Petitioners have approached this court with prayers, interalia, for issuance of a writ of mandamus directing the 1[st] respondent/State of Kerala, represented by the Principal Secretary, Government of Kerala, to issue necessary orders to ensure that Kambiline Unnikuzhi Kallar Road is constructed strictly in accordance with the Expert Opinion, incorporating adequate safety facility for Irish drain and retaining wall as per Exhibits P11 and P14. 3. According to the petitioners, the non consideration of Ext.P15 representation by the first respondent/State of Kerala is a clear dereliction of duty on the part of the first respondent and is per se illegal. WP(C) NO. 4530 OF 2019 :: 3 :: 4. On the basis of the averments and documents enclosed, Mr.Harish Vasudevan, learned counsel for the petitioners, submitted that the road project is across hilly areas with steep gradient, which were subjected to severe flooding during 2018. Therefore, necessary safety measures must be incorporated to make the road durable and safe for the users. The commuters of Kambiline Unnikuzhi Kallar area, which is a hilly terrain, should be provided with a safe road access and the delay in consideration of Exhibit P15 representation and finalizing a decision on Exhibit P14 report submitted by the first respondent is a clear violation of right to life of the commuters of Kambiline Unnikuzhi Kallar road, as ensured under Article 21 of the Constitution of India. It is further contended by learned counsel for the petitioners that the delay in taking a final decision to incorporate the suggestions of the National Quality Monitor (NQM) and Exhibit P14 report is clearly in violation of the dictum laid down by the Apex Court in the matter _**of State of H.P. and Another vs. Umed Ram Sharma and others**_ reported in _**1986 (2) SCC 68**_ . 5. Another contention raised by learned counsel for the petitioners is that due to the monsoon showers the road has started eroding at various WP(C) NO. 4530 OF 2019 :: 4 :: places. The road as it is has become unusable due to the huge ditches that have formed. It is also submitted that recently there has been near fatal accidents which had occurred in this area due to the condition of the road. If this inordinate delay from the respondents is to continue, the whole purpose of constructing the required drains and retaining wall before the full fledged monsoons would become virtually useless. In the absence of necessary retaining wall and Irish drains, more erosion of the road topping is likely and in that case, Kambiline Unnikuzhi Kallar Road is likely to be much more dangerous, for the motorist and the other road users. The construction and maintenance of safe roads is the duty of the first respondent and thus, non implementation of the recommendations laid down in Exhibits P11 and P14 reports by the first respondent/State of Kerala would make the present case fit for the invocation of the extraordinary jurisdiction of this Honourable Court under Article 226 of the Constitution of India. ## 6. Reliefs sought for in this writ petition are as follows: “(i) Issue a writ of mandamus or any other appropriate writ directing the 1[st] respondent to issue necessary orders to ensure that Kambiline Unnikuzhi Kallar Road is constructed strictly in accordance with the Expert Opinion, incorporating adequate safety facility for Irish drain and retaining wall as per Exhibits P11 and P14. WP(C) NO. 4530 OF 2019 :: 5 :: ii) Issue a writ of mandamus or any other appropriate writ directing the 1[st] respondent to take consider and pass orders on Exhibit P15 representation, within a stipulated time frame, after affording an opportunity of being heard to the petitioners or their authorized representatives.” 7. On behalf of the first respondent/State of Kerala a detailed statement has been filed wherein, it is submitted that the Ministry of Rural Development, Government of India has sanctioned 84 road works under the Prime Minister Gram Sadak Yojana – II (PMGSY-II) for an amount of Rs.274.20 lakh. The Road under Package No.KR 03-97 (Kambiline Unnikuzhi Kallar Road), Adimali Block, Idukki is one of the road works sanctioned under PMGSY II. Technical sanction was issued for an amount of Rs.2,86,80,898/- by the Chief Engineer, Kerala State Rural Road Development Agency (KSRRDA). The work was tendered and awarded to the 4[th] respondent/Dominic Zacharias at 8.70% below estimate rate. The site for the work was handed over to the contractor on 7.8.2017. The detailed project report has been finally approved for a total cost of Rs.2,94,12,633/- with per km cost of Rs.81.60 lakh and works arranged accordingly. It is further stated that the clarification suggested by the Chief Engineer, KSRRDA has been forwarded to the Finance Department and is pending for final remarks. WP(C) NO. 4530 OF 2019 :: 6 :: ## 8. Relevant portions of the said statement read as under: “7. It was further clarified that the provision for CD works and Irish drain are minimum and found to be extremely essential to carry the storm water during rainy season and prevent the road and connected structures from potential damages. Provision for scarification of existing Water Bound Macaudam (WBM) surface has already been incorporated in the Estimate. However, during execution, it will be ensured that the material available from scarifying the existing WBM will be used to the maximum extent and accounted in the work during execution. 8. The above clarification of the Chief Engineer has been examined in detail. Since the exceptional gradient proposed by Chief Engineer is not seen permissible as per the circular issued by National Rural Road Development Agency (NRRDA) vide DDOP-17035/1/2007-Tech dated 30/09/2010 of JS(RC) & DG, NRRDA, specific remarks has been sought from the State Technical Agency that under which clause the gradient of 1 in 6 is regular along with supporting codal provisions. Direction has also been given to the Chief Engineer, KSRRDA to clearly specify whether the circular of National Rural Road Development Agency (NRRDA vide DDOP17035/1/2007-Tech dated 30/09/2010 of JS(RC) & DG, NRRDA) needs to strictly adhered to or it need not be followed. 9. The file with the clarification furnished by the Chief Engineer, KSRRDA is being examined in consultation with Finance Department. Decision in this regard will be taken by Govt. on receipt of the final remarks of Finance Department in the matter.” ## 9. Pursuant to the direction of this court a detailed statement has been filed by the third respondent/Executive Engineer, PMGST Program Implementation Unit Idukki district wherein it is stated that Kambilane Unnikuzhi Kallar road is constructed strictly in accordance with expert opinion with adequate safety facility for irish drain and retaining wall except certain works which were not completed by the 4[th] respondent. Moreover, the WP(C) NO. 4530 OF 2019 :: 7 :: third respondent/Executive Engineer had served Annexure R3(d) to R3 (g) notices to the 4[th] respondent directing him to complete the work by extending his time of completion but he has not turned up. Therefore, there is no laches on the part of the respondents 1 to 3 and on sanctioning the flood estimate the entire additional works could be tendered afresh except the works falling under the original and supplemental agreements. Relevant portion of the said statement read as under: 4. It is submitted that Kambilane Unnikuzhi Kallar road under package No KR 03 97, Adimaly block is sanctioned by government of India for an amount of Rs. 2.94 crores and technical sanction by Chief Engineer, KSRRDA for an amount of Rs. 2,86,80,898/ with 5 year maintenance after completion of construction. The work was awarded to and commenced by 4[th] respondent Mr. Dominic Zacharias, Managing partner of Majestic Construction as per agreement no 30/CE-KSRRDA/2017-18 dated 25.07.2017 with Chief Engineer, KSRRDA, Thiruvananthapuram for 8.7% below estimate rate. 5. Pradhan Manthri Gram Sadak Yojana (PMGSY) aimed at construction / upgradation of selected rural roads from the list of Core network/District rural road plan (DRRP), mainly aims at connecting unconnected habitations (PMGSY1) and development of rural areas by providing easy access to market centers, schools, hospitals etc (PMGSY2), thus helps to improve the standard of living of the people. As Pradhan Manthri Gram Sadak Yojana (PMGSY) is a centrally sponsored scheme each state has its own Implementing Agency. Kerala State Rural Development Agency (KSRRDA) is the Implementing Agency in our state, Kerala headed by Commissioner Rural development . Under KSRRDA each district has Programme Implementation Unit headed by Executive Engineer to execute the work at site. 6. Various steps are involved in the DPR (detailed project report) WP(C) NO. 4530 OF 2019 :: 8 :: preparation of the selected rural road. DPR is prepared by the outsourcing Agency selected by KSRRDA through open tender system. This DPR is verified at PIU level and submitted to KSRRDA for scrutiny. After Scrutinizing at KSRRDA it is submitted to State Technical Agency (STA) for vetting, STA, State Technical Agency is the technical wing for vetting DPR on behalf of Government of India, Ministry of Rural Development. For south zone districts the State technical agency is professors of College of Engineering, Trivandram. Thus sanctioning of DPR involves experts opinion. A true copy of the Proforma C of the work is produced herewith and marked as **Annexure R3(a).** 7. The Contractor has executed agreement on 25[th] July 2017 with Chief Engineer, KSRRDA and he is responsible to verify the site as per the section 2 Clause 7 of SBD included in his agreement. _"As per the clause the Bidder at his own cost, responsibility and risk, is encouraged to visit examine and familiarize himself with the site work. The bidder acknowledges that prior to the submission of the bid, the contactor has after a complete and careful examination, made an independent evaluation of the scope of project, Specifications and Standards of design, construction and maintenance, site, local conditions, physical qualities of ground, subsoil and geology suitability and availability of access routes to the site and all information provided by the employer or obtained.......”_ As per the agreement schedule he has to carryout earth work, GSB, G2, G3 metaling layers, tarring works, retaining walls, CD works, drains and road signages (sign boards and mile stones). A true copy of the relevant pages of Standard Bidding Document (For construction and Maintenance) is produced herewith and marked as **Annexure R3(b).** 8. During the execution of the work many deviations were occurred from the sanctioned estimate. Only half of the hardrock was obtained through blasting/ excavation while forming the road. The required quantity of rubble for construction was approximately 7 times the excavated rubble. The contractor has reported that availability of rubble as such has been found to be difficult owing to the closures of quarries in Idukki district because of the difficulty in getting environmental clearance with WP(C) NO. 4530 OF 2019 :: 9 :: regards to the report of Gadgial/Kasthoorirangan. At the same time the possibility of obtaining crushed granite stones from approved quarries is more when compared to the availability of rubble as per prevailing mining laws in Kerala. 9. Considering all this aspects, a revised Estimate amounting to Rs.637.40 lakhs with an increase of Rs.350.59 lakhs was submitted to Government. That is an excess of 122.24% above the original estimate amount. The revised estimate was prepared by limiting the rubble quantity to minimum by adopting more concrete quantity. Some other items like Irish drain, pipe culvert, concrete retaining wall etc were also proposed. 10. It is submitted that though the work was scheduled for completion within one year from the date of handover of site, the Revised Estimate was processed by the Government as per the prevailing laws and with the unavailable technical necessity as per site condition. This process has taken a long time. As such, the held up work was restarted by recasting the estimate within the available amount. The contractor has executed the work as per the recast estimate except wearing coat of retaining walls, guard stones, wing wall rising of culvert, parapets of culverts, signage (sign boards and mile stones and also the portion of road where tree cutting of the forest department is pending. An amount of Rs. 8,57,769/-has remitted to the forest department and action is still pending with DFO, Munnar. The contractor has executed irish drains at various locations in the road as per the quantity available in the agreement. 11. Meanwhile, State Government examined the legal and inevitable technical aspects of the revised estimate. Government appreciated the intention of the petitioner in the above writ petition for speedy-completion of the work, at the same time stressed the need for safeguarding the public money. So Government didn't sanction the revised estimate but directed the 2[nd] respondent to carry out and complete the work urgently within the original estimate as the contractor is legally liable to complete this work as per original estimate in all respect. 12. But in between this, unfortunate flood happened in Kerala in WP(C) NO. 4530 OF 2019 :: 10 :: August 2018. Thereafter, flood damaged locations were further damaged in 2019 flood. 13. It is submitted that the 2nd respondent, the Chief Engineer KSRRDA has also taken note of the damage occurred due to flood viz at chainage 0/315-0/334 Retaining wall at right side at ch1/910-1/915 culvert wingwall extension, at ch 2/940-2/955 retaining wall at left side and at ch2/970 replacement of slab culvert is proposed to overcome the damages occurred due to 2018 & 2019 flood. (Photograph shown as Ext.P17, Ext R4(e)/1 is the portion of road between chainage 2940 to 2955 m which was flood affected) The Ext. R4(e)/3 and R4(e)/4 produced by the 4[th] respondent showing the condition of the road was at the time of flood, now it has changed by the landowners by mixed vegetation. A true copy of the photographs of the present condition of road is produced herewith and marked as Annexure R3 (c). The Flood estimate amount for rectifying the damages is Rs.40.99 lakhs. The flood estimate is submitted to Chief Engineer, LSGD for including it in the Rebuild Kerala initiative. The fund sanction is in the active consideration of the Government. Once the estimate is sanctioned, the damages occurred to the said road can be rectified, the flood estimate will be tendered through separate tender. The contractor has not extend the TOC till date, 4th respondent has to be directed to extend the TOC and do the balance work. In addition to this, the contactor was directed to rectify the patches that have occurred in the Bituminous surface. Hence, for rectifying the same at the earliest, notices were issued to the contractor. A true copy of the notice dated 24.01.2020 issued by this respondent to the 4th respondent is produced herewith and marked as Annexure R3(d). A true copy of the notice dated 13.02.2020 issued by the 2[nd] respondent to the 4[th] respondent is produced herewith and marked as Annexure R3(e). A true copy of the notice dated 07.09.2021 issued by this respondent to the 4th respondent is produced herewith and marked as Annexure R3(n). A true copy of the notice dated 01.10.2021 issued by this respondent to the 4th respondent is produced herewith and marked as Annexure R3(g). 14. The fund sanction is in the active consideration of the Government. Once the flood estimate is sanctioned, the work will WP(C) NO. 4530 OF 2019 :: 11 :: be tendered and the damages occurred to the said road can be rectified. The notices were issued to the contractor to rectify the patch occurred in the Bituminous layer after construction and to carry out balance works i.e. wearing coat of retaining walls, guard stone, road signages (sign boards and mile stones) etc. 15. The Government has to distribute scarce resources available need to be judiciously distributed to the general public. The proposed road can be made motorable with the originally sanctioned amount. The additional amount requested through revised estimate is examined legally and unavoidable technical necessity and found not financially feasible and hence avoided. The damages as reported by the petitioner is due to once in a life time flood occurred in 2018 and its further damages in 2019. This can be rectified by the flood estimate submitted to 2nd respondent. Other damages have to be rectified by the contractor. 16. It is most respectfully submitted that the sum and substance of the contentions of this respondent is as follows Kambilane Unnikuzhi Kallar road under package No KR 03 97, Adimaly block is sanctioned by government of India for an amount of Rs. 2.94 crores and technical sanction by Chief Engineer, KSRRDA for an amount of Rs. 2,86,80,898/-. The work was awarded and commenced by 4[th] respondent as per (Ext. P9) agreement no 30/CE-KSRRDA/2017-18 dated 25.07.2017 with 2[nd] respondent. The work was scheduled for completion within one year from the date of handover. As per the present status, the contractor has executed pavement components ie; earthwork, GSB, G2, G3 and Tarring partially. A number of tress existing in the alignment of road has to be removed by the forest range office, devikulam, for obtaining the width of road after the 2 km of the road and is still pending, although payment for tree cutting of Rs. 8,57,769/- was already paid. Contractor has executed 4 nos of pipe culverts, 1 chappath and 1 slab culvert at site and retaining walls within the agreement schedule quantity. As per the original agreement schedule item Nos 5.10 (culvert parapet), 7.03 (wearing coat of DR retaining wall), 7.04 (guardstone), 9.06 (fabricated caution boards), 9.07 (Kilometer stone), 9.08 (hectometer stone) and 9.09 (printing letters in board) are pending even now. It is submitted that while the work in progress revised estimate No.(1) of WP(C) NO. 4530 OF 2019 :: 12 :: Rs.6,37,16,206/-was submitted to the Chief Engineer KSRRDA on 07.07.2018 incorporating all the additional work required for the satisfactory completion of the road. Due to delay in sanctioning of revised estimate No. (1), a revised estimate (2) incorporating urgent works is passed by the 2nd respondent below 10% excess and 4th respondent executed the supplementary agreement and carried out the work except rise of culvert wing wall at Ch 1920, parapets wearing out of retaining walls, guard stones, road signages etc. A true copy of the Supplementary Agreement No. 3 dated 11.07.2019 to the Original Agreement No. 30/CE KSRRDA/2017-18 dated 25.07.2017 is produced herewith and marked as Annexure R3(h). The Photograph shown as Ext P17 is the portion of road between chainage 2940 to 2955 m. At this portion the road is damaged due to overflow from the existing slab culvert that was blocked by a log piece at the time of flood. Also flood affected between chainage 315 to 330m right side is where earth slip occurred. The Chief Engineer, KSRRDA has inspected the site on 01.06.2021 and consequently a flood estimate incorporating the portions affected by flood. A flood estimate of Rs.40,99,398/- was submitted to KSRRDA. The Flood estimate amount for rectifying the damages is Rs.40.99 lakhs. The flood estimate is submitted to Chief Engineer, LSGD for including it in the Rebuild Kerala initiative. The fund sanction is in the active consideration of the Government. Once the estimate is sanctioned, the damages occurred to the said road can be rectified, the flood estimate will be tendered through separate tender. The 4th respondent contractor is liable to complete the work as per original agreement and also the additional works extended by Annexure R3(h) supplemental agreement. As regards to the flood estimate this respondent will initiate work immediately on sanctioning flood estimate by the government with new tender, before the same the 4th respondent is liable to complete the remaining work mentioned in the original estimate as approved initially and the supplemental agreement. It is respectfully submitted that Kambilane Unnikuzhi Kallar road is constructed strictly in accordance with expert opinion with adequate safety facility for irish drain and retaining wall except certain works which were not completed by the 4th respondent. This respondent had served Annexure R3(d) to R3 (g) notices to the 4th respondent directing him to complete the work by extending his WP(C) NO. 4530 OF 2019 :: 13 :: time of completion but he has not turned up. Therefore there is no latches on the part of the respondents 1 to 3 and on sanctioning the flood estimate the entire additional works could be tendered afresh except the works falling under the original and supplemental agreements. 17. The petitioners have no locus standi to seek the above mentioned reliefs. The traditional rule for filing Public interest Litigation is that the petitioner needs to have suffered an actual threat to his legal right or has to have an apprehension of his legal right being violated. In the instant case, the petitioners are devoid of such ingredients. The petitioners are neither in the apprehension of their legal right being violated nor has they suffered an actual threat to their legally protected right. 10. Having perused the materials available on record and the averments contained in the counter affidavit and the statements filed by the respondents 1 and 3, we are satisfied that the Government have taken adequate steps with respect to the subject matter, for which reliefs are sought for in this writ petition. 11. However, Mr.Harish Vasudevan, learned counsel for the petitioners submitted that a direction may be issued to the respondents to consider and pass appropriate orders on Ext.P15 representation dated 30.11.2018 preferred by the petitioners before the Principal Secretary, Local Self Government Institutions/first respondent. 12. On the facts and circumstances of this case, we find that Government have taken adequate steps on the issues raised in this writ WP(C) NO. 4530 OF 2019 :: 14 :: petition. However, if the contractor has not discharged his duties as per the agreement/subsequent agreement and that certain works have not been executed, it is for the Government to take appropriate action against the contractor if warranted, or in the alternative to take steps for fresh tenders for the execution of the remaining works. 13. In the light of the above, we are of the view that there is absolutely no need to issue any direction to the respondents to consider and pass orders on Ext.P15 representation dated 30.11.2018. Writ petition is disposed of accordingly. **sd/S.MANIKUMAR CHIEF JUSTICE** **sd/SHAJI P. CHALY JUDGE** jes WP(C) NO. 4530 OF 2019 :: 15 :: ## **APPENDIX** ## PETITIONERS' EXHIBITS: - EXHIBIT P1 A TRUE PHOTOCOPY OF THE LETTER NO.P-17024/13/2016-RC DATED 08.11.2016 FROM THE DIRECTOR(PMGSY), MINISTRY OF RURAL DEVELOPMENT TO THE PRINCIPAL SECRETARY, LSGD. - EXHIBIT P2 TRUE COPY OF THE PHOTOGRAPHS OF THE DILAPIDATED CONDITION KAMBILINE UNNIKUZHI KALLAR ROAD AT THE BEGINNING OF THE MONSOON SHOWERS LAST YEAR. - EXHIBIT P3 A TRUE PHOTOCOPY OF THE RESOLUTION PASSED BY THE PALLIVASAL GRAMA PANCHAYAT ON 28.05.2018 ALONG WITH ITS ENGLISH TRANSLATION. - EXHIBIT P4 A TRUE COPY OF THE LETTER DATED 22.06.2018 ISSUED BY THE PRESIDENT OF THE PALLIVASAL GRAMA PANCHAYAT TO THE 2ND RESPONDENT ALONG WITH ITS ENGLISH TRANSLATION. - EXHIBIT P5 A TRUE PHOTOCOPY OF THE LETTER DATED 23.06.2018 ISSUED FROM THE OFFICE OF THE MLA, DEVIKULAM TO THE RURAL DEVELOPMENT DEPARTMENT ALONG WITH ITS ENGLISH TRANSLATION. - EXHIBIT P6 A TRUE PHOTOCOPY OF THE LETTER DATED 26.06.2018 ISSUED BY THE MEMBER OF PARLIAMENT, IDUKKI TO THE 2ND RESPONDENT ALONG WITH ITS ENGLISH TRANSLATION. - EXHIBIT P7 TRUE COPY OF THE PHOTOGRAPHS OF THE CONDITION OF THE KAMBILINE UNNIKUZHI KALLAR ROAD AFTER THE AUGUST, 2018 AFTER THE FLASH FLOODS THAT HIT STATE OF KERALA. - EXHIBIT P8 A TRUE PHOTOCOPY OF THE LETTER NO.A/86/2017/PIU/IDK DATED 25.05.2018 ISSUED FROM THE EXECUTIVE ENGINEER, PROGRAMME IMPLEMENTATION UNIT, IDUKKI TO THE SUPERINTENDING ENGINEER, KSRRDA ALONG WITH A REPORT. - EXHIBIT P9 A TRUE PHOTOCOPY OF THE AGREEMENT EXECUTED BETWEEN THE CHIEF ENGINEER, KSRRDA AND M/S MAJESTIC CONSTRUCTIONS. - EXHIBIT P10 A TRUE PHOTOPY OF THE NOTICE TO PROCEED WITH WORK DATED 25.07.2017 ISSUED BY THE CHIEF ENGINEER, KSRRRDA TO M/S MAJESTIC CONSTRUCTIONS. - EXHIBIT P11 A TRUE PHOTOCOPY OF THE INSPECTION REPORT FILED BY THE NQM FOR THE PMGSY WORK. - EXHIBIT P12 A TRUE PHOTOCOPY OF THE LETTER NO.5175/B/2017/KSRRDA DATED 07.07.2018 WP(C) NO. 4530 OF 2019 :: 16 :: ISSUED BY THE CHIEF ENGINEER, KSRRDA TO THE PRINCIPAL SECRETARY, LSGD. - EXHIBIT P13 A TRUE PHOTOCOPY OF THE LETTER NO.DD1/3017/2018/LSGD DATED 04.11.2018. - EXHIBIT P14 A TRUE PHOTOCOPY OF THE LETTER N.5175/B/2017/KSRRDA DATED 30.11.2018 FROM THE 2ND RESPONDENT TO THE PRINCIPAL SECRETARY,LSGD. - EXHIBIT P15 A TRUE PHOTOCOPY OF THE REPRESENTATION DATED 02.02.2019 PREFERRED BY THE PETITIONER BEFORE THE PRINCIPAL SECRETARY, LSGD. - EXHIBIT P16 TRUE PHOTOGRAPHS OF THE ROAD ACCIDENT THAT OCCURRED IN THE KAMBILINE UNNIKUZHI KALLAR ROAD - Exhibit P17 A TRUE COPY OF THE PHOTOGRAPH DEPICTING THE PRESENT STATE OF THE KAMBILINE UNNIKUZHI KALLAR ROAD. ## RESPONDENTS' EXHIBITS: - EXHIBITR4 (a) THE PHOTOCOPY OF THE G.O.(RT)NO.1451/2019/LSGD DATED 11-07-2019 ISSUED BY THE 1ST RESPONDENT. - EXHIBIT R4(b) THE PHOTOCOPY OF THE PRICE SCHEDULE FORMING PART OF EXT. P9 CONTRACT. - EXHIBIT R4(c) THE PHOTOCOPY OF THE REPRESENTATION DATED 25-07-2019 SUBMITTED BY THE 4TH RESPONDENT BEFORE THE RESPONDENTS 1 AND 2. - EXHIBIT R4(d) THE PHOTOCOPY OF THE ANNEXURE I TO THE 'FORMAT FOR INFORMATION TO SQM FOR INSPECTION OF PMGSY WORK' DATED 19-03-2019. - EXHIBIT R4(e) THE PHOTOGRAPHS SHOWING THE PRESENT CONDITION OF THE SUBJECT ROAD TAKEN ON 08-08-2019. - Exhibit R4(f) THE PHOTOCOPY OF THE INTERIM ORDER DATED 16/08/2019 PASSED BY THIS HON'BLE COURT IN WPC.NO.4530/2019. - Exhibit R4(g) THE PHOTOCOPY OF ORDER NO.5175/B/2017/KSRRDA DATED 27/04/2019 ISSUED BY THE SUPERINTENDING ENGINEER, KSRRDA, THIRUVANANTHAPURAM. Exhibit R4(h) THE PHOTOCOPY OF ARGUMENT NOTE DATED 02/09/2019 SUBMITTED BY THE 4TH RESPONDENT BEFORE THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT. WP(C) NO. 4530 OF 2019 :: 17 :: - Exhibit R4(i) THE PHOTOCOPY OF LETTER NO.5175/B/2017/KSRRDA DATED 18/07/2019 SUBMITTED BY THE 2ND RESPONDENT BEFORE THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT. - Exhibit R4(j) THE PHOTOCOPY OF LETTER NO.DD/307/2018/LSGD DATED 18/09/2019 ISSUED BY THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT TO THE 2ND RESPONDENT. - Exhibit R4(k) THE PHOTOCOPY OF LETTER NO.5175/B/2017/KSRRDA DATED 26/09/2019 SUBMITTED BY THE 2ND RESPONDENT BEFORE THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT. - Exhibit R4(l) THE PHOTOCOPY OF G.O.(RT) NO.2666/2019/LSGD DATED 26/11/2019. - Exhibit R4(m) THE PHOTOCOPY OF LETTER DATED 02/01/2020 SUBMITTED BY THE 4TH RESPONDENT BEFORE THE 3RD RESPONDENT. - Exhibit R4(n) THE PHOTOCOPY OF LETTER NO.136/2017/PIU/IDK DATED 14/11/2019 OF THE ASSISTANT ENGINEER, PROJECT IMPLEMENTATION UNIT, IDUKKI DISTRICT. - Exhibit R4(o) THE PHOTOCOPY OF LETTER DATED 03/02/2020 SUBMITTED BY THE 4TH RESPONDENT BEFORE THE 3RD RESPONDENT. - Exhibit R4(p) THE PHOTOCOPY OF REPRESENTATION DATED 06/02/2020 SUBMITTED BY THE 4TH RESPONDENT BEFORE THE 2ND RESPONDENT. - Exhibit R4(q) THE TRUE PRINTOUT OF DETAILS AVAILABLE IN THE OFFICIAL WEBSITE OF THE DEPARTMENT OF POST REGARDING TRACK CONSIGNMENT OF CONSIGNMENT NO. EL390732367IN. - Exhibit R4(r) THE PHOTOCOPY OF REPRESENTATION DATED 27/02/2020 SUBMITTED BY THE 4TH RESPONDENT BEFORE THE 2ND RESPONDENT. - AnnexureR3(a) A TRUE COPY OF THE PROFORMA C OF THE WORK - Annexure R3(b) A TRUE COPY OF THE RELEVANT PAGES OF STANDARD BIDDING DOCUMENT (FOR CONSTRUCTION AND MAINTENANCE) - Annexure R3(c) A TRUE COPY OF THE PHOTOGRAPHS OF THE PRESENT CONDITION OF ROAD - Annexure R3 (d) A TRUE COPY OF THE NOTICE DATED 24.1.2020 ISSUED BY THIS RESPONDENT TO THE 4TH RESPONDENT. Annexure R3(e) A TRUE COPY OF THE NOTICE DATED 13.2.2020 ISSUED BY THE 2ND RESPONDENT TO WP(C) NO. 4530 OF 2019 :: 18 :: ## THE 4TH RESPONDENT AND TRANSLATED COPY. Annexure R3(f) A TRUE COPY OF THE NOTICE DATED 7.9.2021 ISSUED BY THIS RESPONDENT TO THE 4TH RESPONDENT. - Annexure R3(g) A TRUE COPY OF THE NOTICE DATED 1.10.2021 ISSUED BY THIS RESPONDENT TO THE 4TH RESPONDENT. - Annexure R3(h) A TRUE COPY OF THE SUPPLEMENTARY AGREEMENT NO.3 DATED 11.7.2019 TO THE ORIGINAL AGREEMENT NO.30/CE-KSRRDA/2017-18 DATED 25.7.2017. // TRUE COPY // P.S. TO JUDGE