BY AD vs SRI.RAJAGOPALAN NAIR.K.R., CGC

BY ADVS. SRI.RAJAGOPALAN NAIR.K.R., CGC SRI.RAJAGOPALAN NAIR.K.R. CGC,SRI.B.S.SYAMANTAK, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 33820 OF 2015 3 P.V.KUNHIKRISHNAN, J --------------------------------------- W.P.(C.) No. 33820 of 2015 -------------------------------------- Dated this the 22nd day of January, 2024 JUDGMENT The above writ petition is filed with following prayers : “i. issue an appropriate writ of prohibition, order or direction restraining the respondent 1-3 from proceeding with Ext.P5 in any illegal methods of awarding of the contract to any other parties violating provisions of Ext.PI, Ext.P2 etc. ii. issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents 1-3- to consider and allow Ex. P6, to enable the petitioner take to part in the tender proceedings, of respondent NO.3. iii. Issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents 1 and 2 to give strict directions to the various local self governments like resp. No.3 and other institutions to adhere to the ExP1, Ext.P2, Ex. P7, customs followed hitherto with respect to the products of State level co-operative Societies and enforce parity in law to the petitioner iv. Issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents 1 and WP(C) NO. 33820 OF 2015 4 2 to give strict directions to the various local self governments like resp. No.3 and other institutions to adhere to Central Rules 2000. Kyoto International Protocols and other scientific parameters regarding waste management techniques, the volume etc. of the digester and avoiding crude techniques like composting causing global warming. to avoid catastrophes v. Issue such other writ, order or direction to the respondents land 2 to consider the utilization of the service of the petitioner and its co-operative society with its 63 Thalook societies to manage the waste and energy problem of the state, using his No Risk Finance Module, which is intimated to them, under the supervision of the Respondent no.1 and Respondent No. 5. Issue such other writ, order or direction to the respondent No.5 to strictly scrutinize the funds given to respondent No.1 and 2 as respondents No.1 and 2 are wasting the scarce resource of the nation for nepotism and abetting global warming, using the funds of the state and funds from respondent No.5. vii. Issue such other writ, order or direction to the respondent No.5 to kindly consider the innovative Financial principles like PPP, PSFAR and No Risk Finance in the management of Non conventional Energy and Waste as Respondent No. 1 and 2 are wasting the funds allotted by Resp. No.5 viii. Issue such other writ, order or direction to the respondent No.1, 2, 3 and 5 to have discussion with the petitioner to implement management of waste and Energy problem of the state under petitioner's new, "No Risk WP(C) NO. 33820 OF 2015 5 Financial Module", by which the government not only need not spend much money except in cases of BPL persons, but also can gain hundreds of crores of rupees for its asset creation. ix. Kindly issue writ, order or direction to respondents 1 and 2 to give parity in law as per the privileges accorded to similar co-operative societies in case of their products. x Issue such order writ or direction to respondents Nos. 1-3 to pay the cost and unnecessary expenses incurred by the petitioner due to the acts of commission and omissions by the respondents 1-5 and compensation for the inconveniences they have put the petitioner unnecessarily into And xi. any other writ or order to respondent No 1-5 for any other relief that this Hon'ble Court feels deemed fit to pass in the above circumstance of the case, And” [SIC]

2. Even though this case is listed on an earlier occasion, there was no representation and hence, this writ petition listed today. Today also, there is no representation. Moreover, the prayers in this writ petition are infructuous. Therefore, this writ petition need not be retained here. Therefore, this writ petition is dismissed. SKS Sd/- P.V.KUNHIKRISHNAN JUDGE WP(C) NO. 33820 OF 2015 6 APPENDIX OF WP(C) 33820/2015 PETITIONER EXHIBITS EXHIBIT P1:- TRUE COPY OF THE RELEVANT PORTION NOTIFICATION NO. 1418/12/LSGD OF 1-2012 OF RESPONDENT NO.1 AND 2 HOWING LIST OF ERVICE PROVIDERS INCLUDING PETITIONER AND MANDATORY CLAUSES 1,6 TO INTIMATE PETITIONER EXHIBIT P2:- RELEVANT PORTION OF TRUE COPY OF THE G.O. (P) NO. 03/2013/SPD , STORES PURCHASE MANUEL, WHICH HE RESPONDENT NO.3 IS MANDATED TO FOLLOW AS WELL. EXHIBIT P3:- TRUE COPY OF THE LETTER OF APPRECIATION FROM DISTRICT COLLECTOR, THRISSUR. EXHIBIT P4:- TRUE COPY OF THE LETTER OF SATISFACTION FROM DISTRICT COLLECTOR, THRISSUR. EXHIBIT P5:-TRUE COPY OF THE TENDER NOTICE OF RESP. NO.3 SHOWING VIOLATION OF G.O.151(EXT. P1) G.NO. 03(EXT.P2) ETC.NEEDING STAY. EXT. P6:- TRUE COPY OF REPRESENTATION SENT TO THE RESPONDENT NO.3 URGING TIME TO ENABLE THE PETITIONER TO QUOTE FOR THE TENDER. EXT. P7:-THE TRUE COPY OF ORDER OF DIVISION BENCH OF HON.HIGH COURT OF KERALA TO CONSIDER THE PETITIONER DURING WASTE MANAGEMENT PROGRAME ETC. EXT. P8:-TRUE COPY OF THE LETTER OF AUTHORIZATION TO REPRESENT IN THE CASE BY THE EXECUTIVE COMMITTEE OF THE BOARD.