Kerala High Court
Cochin International Airport Limited vs The State Information Commission on 2 December, 2022
Author: Amit Rawal
Bench: Amit Rawal
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
FRIDAY, THE 2ND DAY OF DECEMBER 2022 / 11TH AGRAHAYANA, 1944
WP(C) NO. 19452 OF 2019
PETITIONER/S:
JOHN GEORGE NECHUPADOM,
AGED 44 YEARS
S/O.MR.C.J.GEORGE, NECHUPADOM, KADAYIRIPPU P.O.,
KOLENCHERRY, ERNAKUAM - 682 311.
BY ADVS.
BECHU KURIAN THOMAS (SR.)
SRI.PAUL JACOB (P)
SRI.ENOCH DAVID SIMON JOEL
SRI.RONY JOSE
SRI.GEORGE A.CHERIAN
SRI.LEO LUKOSE
SMT.SUZANNE KURIAN
SHRI.AMAL AMIR ALI
RESPONDENT/S:
1 KERALA STATE INFORMATION COMMISSION,
PUNNEN ROAD, THIRUVANANTHAPURAM - 695 001, REPRESENTED
BY ITS SECRETARY.
2 COCHIN INTERNATIONAL AIRPORT LIMITED,
COCHIN AIRPORT - 683 111, REPRESENTED BY ITS MANAGING
DIRECTOR.
BY ADVS.
SRI.P.BENNY THOMAS
SRI.D.PREM KAMATH
OTHER PRESENT:
sri M AJAY SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.07.2022, ALONG WITH WP(C).19656/2019, 20175/2019 AND CONNECTED
CASES, THE COURT ON 2.12.2022 DELIVERED THE FOLLOWING:
WPC No.19452 of 2019 and conctd. cases
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
FRIDAY, THE 2ND DAY OF DECEMBER 2022 / 11TH AGRAHAYANA, 1944
WP(C) NO. 19656 OF 2019
PETITIONER/S:
COCHIN INTERNATIONAL AIRPORT LIMITED
KOCHI AIRPORT P.O, NEDUMBASSERY, ERNAKULAM-683111,
REPRESENTED BY ITS AIRPORT DIRECTOR,
SHRI.A. CHANDRAKUMARAN NAIR.
BY ADVS.
P.BENNY THOMAS
SRI.D.PREM KAMATH
RESPONDENT/S:
1 THE STATE INFORMATION COMMISSION
OFFICE OF STATE INFORMATION COMMISSION, PUNNEN
ROAD, THIRUVANANTHAPURAM-695001.
2 SRI. SUNIL NALIYATH,
DAKSHINA, 19 ULLAS NAGAR, THEKKUMBHAGAM,
THRIPPUNITHURA P.O, ERNAKULAM-682301.
BY ADV SRI.C.E.UNNIKRISHNAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 14.07.2022, ALONG WITH WP(C).19452/2019 AND CONNECTED
CASES, THE COURT ON 14.07.2022 DELIVERED THE FOLLOWING:
WPC No.19452 of 2019 and conctd. cases
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
FRIDAY, THE 2ND DAY OF DECEMBER 2022 / 11TH AGRAHAYANA, 1944
WP(C) NO. 20175 OF 2019
PETITIONER/S:
COCHIN INTERNATIONAL AIRPORT LIMITED,
KOCHI AIRPORT P.O, NEDUMBASSERY, ERNAKULAM 683111
REPRESENTED BY ITS AIRPORT DIRECTOR SHRI A.
CHANDRAKUMARAN NAIR
BY ADVS.
P.BENNY THOMAS
SRI.D.PREM KAMATH
RESPONDENT/S:
1 THE STATE INFORMATION COMMISSION,
OFFICE OF STATE INFORMATION COMMISSION, PUNNEN
ROAD,M THIRUVANANTHAPURAM 695 001
2 SRI. OUSEPH ANTONY,
KARUMATHI (H), NAYATHODU P.O, ANGAMALY 683572
3 ADDL.R3.M.R.AJAYAN
S/O LATE M.K.RAGHU, EDITOR AT GREEN KERALA NEWS,
MATTAPPILLY HOUSE, OCHANTHURUTH.P.O, KOCHI-682 508.
ADDL.R3 IMPLEADED AS PER ORDER DATED 22.10.2019 IN
IA 1/19 IN W.P.(C) 20175/19.
BY ADVS.
SRI.P.K.IBRAHIM
N.N.GIRIJA
SMT.K.P.AMBIKA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 14.07.2022, ALONG WITH WP(C).19452/2019 AND CONNECTED
CASES, THE COURT ON 2.12.2022 DELIVERED THE FOLLOWING:
WPC No.19452 of 2019 and conctd. cases
4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
FRIDAY, THE 2ND DAY OF DECEMBER 2022 / 11TH AGRAHAYANA, 1944
WP(C) NO. 20214 OF 2019
PETITIONER/S:
COCHIN INTERNATIONAL AIRPORT LIMITED,
KOCHI AIRPORT P.O., NEDUMBASSERY, ERNAKULAM - 683
111, REPRESENTED BY ITS AIRPORT DIRECTOR,
SHRI.A.CHANDRAKUMARAN NAIR.
BY ADVS.
SRI.BENNY P.THOMAS, SC, COCHIN INTERNATIONAL
AIRPORT LIMITED
SRI.D.PREM KAMATH
RESPONDENT/S:
1 THE STATE INFORMATION COMMISSION,
OFFICE OF STATE INFORMATION COMMISSION, PUNNEN
ROAD, THIRUVANANTHAPURAM - 695 001.
2 SRI.CHACKAPPAN,
KARUMATHI HOUSE, NEAR E COLONY, ANGAMALY, ERNAKULAM
DIST - 683 572.
ADV. M. AJAY, SC FOR R1
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 14.07.2022, ALONG WITH WP(C).19452/2019 AND CONNECTED
CASES, THE COURT ON THE 2.12.2022 DELIVERED THE FOLLOWING:
WPC No.19452 of 2019 and conctd. cases
5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
FRIDAY, THE 2ND DAY OF DECEMBER 2022 / 11TH AGRAHAYANA, 1944
WP(C) NO. 20201 OF 2019
PETITIONER/S:
COCHIN INTERNATIONAL AIRPORT LIMITED
KOCHI AIRPORT.P.O., NEDUMBASSERY, ERNAKULAM-683111,
REPRESENTED BY ITS AIRPORT, DIRECTOR
SHRI.A.CHANDRAKUMARAN NAIR.
BY ADVS.
P.BENNY THOMAS
SRI.D.PREM KAMATH
RESPONDENT/S:
1 THE STATE INFORMATION COMMISSION,
OFFICE OF STATE INFORMATION COMMISSION, PUNNEN
ROAD, THIRUVANANTHAPURAM-695001.
2 SRI.ANTONY.K.O.,
KARUMATHY HOUSE, NAYATHODE.P.O., ANGAMALY,
ERNAKULAM DIST.-683572.
BY ADVS.
SRI.P.K.IBRAHIM
SMT.K.P.AMBIKA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 14.07.2022, ALONG WITH WP(C).19452/2019 AND CONNECTED
CASES, THE COURT ON 2.12.2022 DELIVERED THE FOLLOWING:
WPC No.19452 of 2019 and conctd. cases
6
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
FRIDAY, THE 2ND DAY OF DECEMBER 2022 / 11TH AGRAHAYANA, 1944
WP(C) NO. 20209 OF 2019
PETITIONER/S:
COCHIN INTERNATIONAL AIRPORT LIMITED,
KOCHI AIRPORT P.O., NEDUMBASSERY, ERNAKULAM - 683
111, REPRESENTED BY ITS AIRPORT DIRECTOR
SHRI.A.CHANDRAKUMARAN NAIR.
BY ADVS.
P.BENNY THOMAS
SRI.D.PREM KAMATH
RESPONDENT/S:
1 THE STATE INFORMATION COMMISSION,
OFFICE OF STATE INFORMATION COMMISSION, PUNNEN
ROAD, THIRUVANANTHAPURAM - 695 001.
2 SRI.VARGHESE M.M.,
MOOZHAYIL HOUSE, AKAPPARAMBU, VAPPALASSERY P.O.,
ERNAKULAM DIST. - 683 572.
BY ADVS.
SRI.P.K.IBRAHIM
SMT.K.P.AMBIKA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 14.07.2022, ALONG WITH WP(C).19452/2019 AND CONNECTED
CASES, THE COURT ON 2.12.2022 DELIVERED THE FOLLOWING:
WPC No.19452 of 2019 and conctd. cases
7
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
FRIDAY, THE 2ND DAY OF DECEMBER 2022 / 11TH AGRAHAYANA, 1944
WP(C) NO. 20383 OF 2019
PETITIONER/S:
COCHIN INTERNATIONAL AIRPORT LIMITED
KOCHI AIRPORT P.O.NEDUMBASSERY, ERNAKULAM-683
111,REPRESENTED BY ITS AIRPORT DIRECTOR,
SHRI A.CHANDRAKUMARAN NAIR.
BY ADVS.
P.BENNY THOMAS
SRI.D.PREM KAMATH
RESPONDENT/S:
1 THE STATE INFORMATION COMMISSION
OFFICE OF STATE INFORMATION COMMISSION,PUNNEN ROAD,
THIRUVANANTHAPURAM-695 001.
2 SRI. ANTU P.V,
POOVELY HOUSE, NAYATHODU P.O.ERNAKULAM DISTRICT-683
572.
BY ADVS.
SRI.P.K.IBRAHIM
SMT.K.P.AMBIKA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 14.07.2022, ALONG WITH WP(C).19452/2019 AND CONNECTED
CASES, THE COURT ON 2.12.2022 DELIVERED THE FOLLOWING:
WPC No.19452 of 2019 and conctd. cases
8
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
FRIDAY, THE 2ND DAY OF DECEMBER 2022 / 11TH AGRAHAYANA, 1944
WP(C) NO. 20452 OF 2019
PETITIONER/S:
COCHIN INTERNATIONAL AIRPORT LIMITED
KOCHI AIRPORT P. O., NEDUMBASSERY, ERNAKULAM -
683111, REPRESENTED BY ITS AIRPORT DIRECTOR SHRI A.
CHANDRAKUMARAN NAIR.
BY ADV P.BENNY THOMAS
RESPONDENT/S:
1 THE STATE INFORMATION COMMISSION
OFFICE OF STATE INFORMATION COMMISSION, PUNNEN
ROAD, THIRUVANANTHAPURAM - 695001.
2 LITHIN VARGHESE
GREEN HOME APARTMENTS, 401, C WING, ANAND NAGAR,
MAROL PIPE LINE ROAD, (NEAR DR. SUNIL DEEKSHIT
HOSPITAL), ANDHERI EAST, MUMBAI - 400059.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 14.07.2022, ALONG WITH WP(C).19452/2019 AND CONNECTED
CASES, THE COURT ON 2.12.2022 DELIVERED THE FOLLOWING:
WPC No.19452 of 2019 and conctd. cases
9
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
FRIDAY, THE 2ND DAY OF DECEMBER 2022 / 11TH AGRAHAYANA, 1944
WP(C) NO. 20280 OF 2019
PETITIONER/S:
COCHIN INTERNATIONAL AIRPORT LIMITED
KOCHI AIRPORT P.O., NEDUMBASSERY, ERNAKULAM 683111
REPRESENTED BY ITS AIRPORT DIRECTOR, SHRI.
A.CHANDRAKUMARAN NAIR.
BY ADVS.
P.BENNY THOMAS
SRI.D.PREM KAMATH
RESPONDENT/S:
1 THE STATE INFORMATION COMMISSION
OFFICE OF STATE INFORMATION COMMISSION PUNNEN ROAD,
THIRUVANANTHAPURAM-695 001.
2 KUNJUMON T.T.
THOMBRA HOUSE, VAPPALASSERY P.O., MAIKKAVU,
ERNAKULAM DISTRICT-683 572.
BY ADVS.
SRI.P.K.IBRAHIM
SMT.K.P.AMBIKA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 14.07.2022, ALONG WITH WP(C).19452/2019 AND CONNECTED
CASES, THE COURT ON 2.12.2022 DELIVERED THE FOLLOWING:
WPC No.19452 of 2019 and conctd. cases
10
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
FRIDAY, THE 2ND DAY OF DECEMBER 2022 / 11TH AGRAHAYANA, 1944
WP(C) NO. 20373 OF 2019
PETITIONER/S:
COCHIN INTERNATIONAL AIRPORT LIMITED
KOCHI AIRPORT P.O, NEDUMBASSERY, ERNAKULAM-683 111,
REPRESENTED BY ITS AIRPORT DIRECTOR,
SHRI.A CHANDRAKUMARAN NAIR.
BY ADVS.
P.BENNY THOMAS
SRI.D.PREM KAMATH
RESPONDENT/S:
1 THE STATE INFORMATION COMMISSION
OFFICE OF STATE INFORMATION COMMISSION, PUNNEN
ROAD, THIRUVANANTHAPURAM-695 001.
2 SRI.PETER P.A,
POOVELY HOUSE, NAYATHODU P.O.ERNAKULAM DISTRICT-683
572.
BY ADVS.
SRI.P.K.IBRAHIM
SMT.K.P.AMBIKA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 14.07.2022, ALONG WITH WP(C).19452/2019 AND CONNECTED
CASES, THE COURT ON 2.12.2022 DELIVERED THE FOLLOWING:
WPC No.19452 of 2019 and conctd. cases
11
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
FRIDAY, THE 2ND DAY OF DECEMBER 2022 / 11TH AGRAHAYANA, 1944
WP(C) NO. 20387 OF 2019
PETITIONER/S:
COCHIN INTERNATIONAL AIRPORT LIMITED
KOCHI AIRPORT.P.O., NEDUMBASSERY, ERNAKULAM-683111,
REPRESENTED BY ITS AIRPORT DIRECTOR, SHRI
A.CHANDRAKUMARAN NAIR.
BY ADVS.
P.BENNY THOMAS
SRI.D.PREM KAMATH
RESPONDENT/S:
1 THE STATE INFORMATION COMMISSION,
OFFICE OF STATE INFORMATION COMMISSION, PUNNEN
ROAD, THIRUVANANTHAPURAM-695001.
2 SRI.JOHNY ANTONY,
POOVELI HOUSE, THABORE.P.O., POOTHUMKUTTY,
ERNAKULAM DIST.-683577.
BY ADVS.
SRI.P.K.IBRAHIM
SMT.K.P.AMBIKA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 14.07.2022, ALONG WITH WP(C).19452/2019 AND CONNECTED
CASES, THE COURT ON 2.12.2022 DELIVERED THE FOLLOWING:
WPC No.19452 of 2019 and conctd. cases
12
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
FRIDAY, THE 2ND DAY OF DECEMBER 2022 / 11TH AGRAHAYANA, 1944
WP(C) NO. 20432 OF 2019
PETITIONER/S:
COCHIN INTERNATIONAL AIRPORT LIMITED
KOCHI AIRPORT P.O.NEDUMBASSERY, ERNAKULAM-683 111,
REPRESENTED BY ITS AIRPORT DIRECTOR, SHRI
A.CHANDRAKUMARAN NAIR.
BY ADVS.
P.BENNY THOMAS
SRI.D.PREM KAMATH
RESPONDENT/S:
1 THE STATE OF INFORMATION COMMISSION
OFFICE OF STATE INFORMATION COMMISSION, PUNNEN
ROAD, THIRUVANANTHAPURAM-695 001.
2 SRI. RAJU VAZHAKKALA,
PADAMUKAL, KAKKANAD, ERNAKULAM-682 030
BY ADV SRI.M.AJAY, SC, STATE INFORMATION COMMN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 14.07.2022, ALONG WITH WP(C).19452/2019 AND CONNECTED
CASES, THE COURT ON 2.12.2022 DELIVERED THE FOLLOWING:
WPC No.19452 of 2019 and conctd. cases
13
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
FRIDAY, THE 2ND DAY OF DECEMBER 2022 / 11TH AGRAHAYANA, 1944
WP(C) NO. 20497 OF 2019
PETITIONER/S:
COCHIN INTERNATIONAL AIRPORT LIMITED
KOCHI AIRPORT.P.O,NEDUMBASSERY,ERNAKULAM-
683111,REPRESENTED BY ITS AIRPORT DIRECTOR,
SHRI.A.CHANDRAKUMARAN NAIR.
BY ADVS.
P.BENNY THOMAS
SRI.D.PREM KAMATH
RESPONDENT/S:
1 THE STATE INFORMATION COMMISSION
OFFICE OF THE INFORMATION COMMISSION,
PUNNEN ROAD,THIRUVANANTHAPURAM-695001.
2 SRI.VARGHESE.T.K,
THAZHATHUVEETTIL HOUSE,KONGOTHARA,
MEKKAD.P.O,ERNAKULAM DIST.-683589.
BY ADVS.
SRI.P.K.IBRAHIM
SMT.K.P.AMBIKA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 14.07.2022, ALONG WITH WP(C).19452/2019 AND CONNECTED
CASES, THE COURT ON 2.12.2022 DELIVERED THE FOLLOWING:
WPC No.19452 of 2019 and conctd. cases
14
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
FRIDAY, THE 2ND DAY OF DECEMBER 2022 / 11TH AGRAHAYANA, 1944
WP(C) NO. 20435 OF 2019
PETITIONER/S:
COCHIN INTERNATIONAL AIRPORT LIMITED
KOCHI AIRPORT P.O.,
NEDUMBASSERY, ERNAKULAM 683 111
REPRESENTED BY ITS AIRPORT DIRECTOR, SHRI. A
CHANDRAKUMARAN NAIR.
BY ADVS.
P.BENNY THOMAS
SRI.D.PREM KAMATH
RESPONDENT/S:
1 THE STATE INFORMATION COMMISSION
OFFICE OF THE STATE INFORMATION COMMISSION, PUNNEN
ROAD,
THIRUVANANTHAPURAM 695 001.
2 SRI. BABY T.V.,
THEKKANATH HOUSE, VAPPALASSERY P.O.,
THURUTH ERNAKUAM DISTRICT 683 572.
BY ADV SRI.M.AJAY, SC, STATE INFORMATION COMMN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 14.07.2022, ALONG WITH WP(C).19452/2019 AND CONNECTED
CASES, THE COURT ON 2.12.2022 DELIVERED THE FOLLOWING:
WPC No.19452 of 2019 and conctd. cases
15
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
FRIDAY, THE 2ND DAY OF DECEMBER 2022 / 11TH AGRAHAYANA, 1944
WP(C) NO. 20528 OF 2019
PETITIONER/S:
COCHIN INTERNATIONAL AIRPORT LIMITED,
KOCHI AIRPORT P.O., NEDUMBASSERY, ERNAKULAM - 683
111, REPRESENTED BY ITS AIRPORT DIRECTOR,
SHRI.A.CHANDRAKUMARAN NAIR.
BY ADVS.
P.BENNY THOMAS
D.PREM KAMATH
RESPONDENT/S:
1 THE STATE INFORMATION COMMISSION,
OFFICE OF STATE INFORMATION COMMISSION, PUNNEN
ROAD, THIRUVANANTHAPURAM - 695 001.
2 JOSEPH P.P.,
POOVELI HOUSE, NAYATHODU P.O., ERNAKULAM DIST. -
683 572.
AD. M.AJAY, SC FOR R1
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 14.07.2022, ALONG WITH WP(C).19452/2019 AND CONNECTED
CASES, THE COURT ON 2.12.2022 DELIVERED THE FOLLOWING:
WPC No.19452 of 2019 and conctd. cases
16
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
FRIDAY, THE 2ND DAY OF DECEMBER 2022 / 11TH AGRAHAYANA, 1944
WP(C) NO. 20462 OF 2019
PETITIONER/S:
COCHIN INTERNATIONAL AIRPORT LIMITED.,
KOCHI AIRPORT P.O, NEDUMBASSERY, ERNAKULAM-683 111,
REPRESENTED BY ITS AIRPORT DIRECTOR, SHRI.A
CHANDRAKUMARAN NAIR.
BY ADVS.
P.BENNY THOMAS
D.PREM KAMATH
RESPONDENT/S:
1 THE STATE INFORMATION COMMISSION
OFFICE OF STATE INFORMATION COMMISSION, PUNNEN
ROAD, THIRUVANANTHAPURAM-695 001.
2 SRI.BABY P.V,
POOVELI HOUSE, NAYATHODE P.O.ANGAMALY, ERNAKULAM
DIST-683 572.
BY ADVS.
SRI.P.K.IBRAHIM
SMT.K.P.AMBIKA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 14.07.2022, ALONG WITH WP(C).19452/2019 AND CONNECTED
CASES, THE COURT ON 2.12.2022 DELIVERED THE FOLLOWING:
WPC No.19452 of 2019 and conctd. cases
17
JUDGMENT
This judgment of mine shall dispose of batch of writ petitions bearing Nos. 19656/2019, 20175/2019, 20201/2019, 20209/2019, 20214/2019, 20280/2019, 20373/2019, 20383/2019, 20387/2019, 20432/2019, 20435/2019, 20452/2019, 20462/2019, 20497/2019, 20528/2019, (hereinafter called as first writ petition), W.P.(C) No. 19452/2019 (hereinafter called as second writ petition).
2. Pertaining to the first writ petition, batch cases, where the petitioner is Cochin International Airport Limited (CIAL) and respondents are The State Information Commission along with party respondents who were earlier residents of the locality where CIAL is situated now had given their land for project CIAL on assurance that the needy displaced people from the project site will be given employment, by way of direct employment, in agencies or other facilities associated with airport.
3. The batch of writ petitions bearing nos. 19656/2019, 20175/2019, 20201/2019, 20209/2019, 20214/2019, 20280/2019, 20373/2019,20383/2019, 20387/2019,20432/2019, 20435/2019, 20452/2019, 20462/2019, 20497/2019, 20528/2019, the petitioners aggrieved by Ext. P10 order have come to this court seeking common prayer which is as follows; WPC No.19452 of 2019 and conctd. cases 18 I.To issue a writ of certiorari calling for records leading to Ext. P10 order of the Respondent no. 1 dated 20.06.2019 and quash the same;
II. To declare that the petitioner is not a public authority within the meaning of section 2(h) of the Right To Information Act, 2005 and is not amenable to the provisions of the RTI Act; III. Stay the operation and implementation of the impugned order Ext.P10 during the pendency of this writ petition.
4. The facts in brief in all the above mentioned writ petitions are as follows:-
The petitioner, Cochin International Airport Limited (CIAL) is a public limited company incorporated under the Companies Act, 1956. The main object of the company is to construct, develop, and maintain an airport of International standards with all modern facilities for domestic and international flights by Indian and Foreign Airlines and all other related activities as detailed in main object clause III(A) in the Memorandum and Articles of Association of the Company Ext. P1. The petitioner company was promoted by seven (7) promoters viz., Kochi International Airport Society (KIAS), Cochin Chamber of Commerce, Indian Chamber of Commerce and Industry, R. Madhavan Nair, C.V. Jacob and B. Govinda Rao. Till date the majority of the paid up share capital (67.58%) of the petitioner was held by private parties/persons other than Government of Kerala, which had no investment in the equity capital of CIAL at WPC No.19452 of 2019 and conctd. cases 19 the time of its incorporation and had invested in the share capital of CIAL only after two years from its date of incorporation after which the petitioner had commenced the airport construction facilities utitlizing Rs. 40 crores term loan from HUDCO and over Rs. 10 crores from equity contributed by private players. It is evident from Ext.P2 share holding pattern as on 01.10.2018 that the percentage of CIAL's equity held by the Government of Kerala is only 32.42% at date therein. Government of Kerala has only invested in the 'share capital' of CIAL and not made any financing or funding to CIAL. There was no free funding from Government of Kerala to CIAL and for the entire money put in by the Government of Kerala CIAL has issued shares.
5. The Government of Kerala's first investment in the petitioner CIAL was in April 1996, an amount of Rs.1 crore, followed by investments in 1996-97, 1998-99, 1999-2000, with amounts of Rs.5 crores, Rs15.85 crores, Rs.6 crores, respectively making its total investment Rs. 27.85 crores as on 31.03.2000 out of Rs. 78 crores. Though Government of Kerala vide G.O. had committed to invest Rs. 45.90 crores ( 51 % of the authorised share capital of CIAL), but did not invest Rs.15.7 crores and hence CIAL was forced to borrow funds from financial institutions at an exorbitant rate which led to its debt trap in the initial years. Government was one of the last to put in, the rights issue of the WPC No.19452 of 2019 and conctd. cases 20 equity in 2002-03 even though rights issue started in in 2000-01, also Government of Kerala besides investment, aforesaid, had put in Rs.1 crores as equity in May 2000 while CIAL was in financial loss in 1999-2002.
6. The Government of Kerala is at par with any other share holder of CIAL. The Articles of Association of the petitioner company prescribes that the Government of Kerala or its Public Sector Undertakings jointly or severally are holding not less than 26% of the paid up equity of the company. The Chief Minister of Kerala shall be the Chairman of the company and the Government of Kerala shall have the right to nominate 1/3 rd of the total Directors of the Company and on meeting the aforesaid criteria Government shall have the right to appoint one of the Directors as the Managing Director. The aforesaid provisions under article 95(1) and 125 of the Articles of Association are in respect to provisions of Companies Act and powers, thereunder, are specifically conferred on the Government of Kerala not by reason of any independent power conferred by the Constitution or any statute.
7. The petitioner had filed WP(C) No. 30599 of 2007 disputing applicability of the Right to Information Act (hereinafter called 'RTI Act') to the petitioner company, which was disposed of by order dated 11.06.2010 Ext.P3 as the respondent no. 1 herein, WPC No.19452 of 2019 and conctd. cases 21 the State Information Commission, had undertook to conduct a rehearing on the said issue. By its order dated 26.07.2010 Ext.P4 the State Chief Information Commissioner held that the petitioner company to be a 'public authority' under section 2(h) of the RTI Act. Though, the petitioner maintained that it is not a public authority amenable to RTI act, it honoured the aforesaid order of the State Information Commission and resultantly appointed the State Public Information Officer, Assistant Public Information Officer and the Appellate Authority without prejudice to the Company's right to challenge the applicability of RTI Act to the petitioner company and thereafter filed WP(C) No. 3398 of 2005 before this Hon'ble court challenging the same.
8. The second respondents who are the party respondents in all the above mentioned writ petitions raised queries to the petitioner under the RTI Act vide Ext.P5 letters dated 18.07.2016,23.02.2013,26.02.2014,26.02.2014,03.03.2014,26.02.2 014,03.03.2014,03.03.2014,26.02.2014,31.01.2014,26.02.2014,09. 02.2018,26.02.2014,03.03.2014,26.02.2014 which were responded by the Petitioner that the required Board Minutes could not be provided as they fall under the exemption under section 8(1)(d) of the RTI Act vide Ext.P6 letters dated 04.08.2016, 25.03.2013, 25.03.2014, 25.03.2014, 25.03.2014, 25.03.2014, 25.03.2014, 25.03.2014, 25.03.2014, 28.02.2014, 25.03.2014, 02.03.2018, WPC No.19452 of 2019 and conctd. cases 22 25.03.2014, 25.03.2014 and 25.03.2014 respectively.
9. Against the same, party respondents in the writ petitions preferred first appeal before the Appellate Authority which was dismissed vide orders Ext.P7 dated 03.10.2016, 15.05.2013, 19.05.2014, 19.05.2014, 19.05.2014, 19.05.2014, 19.05.2014, 19.05.2014, 19.05.2014, 04.04.2014, 20.05.2014, 09.04.2018, 19.05.2014, 19.05.2014 and 19.05.2014 respectively. Aggrieved by this order of Appellate Authority, the party respondents filed second appeal before the State Information Commissioner which was allowed vide orders Ext.P8 dated 14.12.2017, 03.03.2016, 31.01.2015, 31.01.2015, 31.01.2015, 31.01.2015, 31.01.2015, 31.01.2015, 31.01.2015, 12.12.2014, 31.01.2015, 05.10.2018, 31.01.2015, 31.01.2015, 31.01.2015, respectively, directing the petitioner to provide the information sought by the party respondents, within fifteen (15) days of the receipt of the order.
10. The Petitioner Company challenged the aforesaid order by way of writ petitions bearing numbers 529/2018, 10513/2016, 11668/2015, 10544/2015, 11272/2015, 11396/2015, 11395/2015, 10545/2015, 10173/2015, 3398/2015, 12151/2015, 37228/2018, 11630/2015, 10174/2015, 1167/2015 before this Hon'ble Court, and this Court by its common judgment and order dated 19.02.2019 Ext.P9 disposed off all these writ petitions by setting WPC No.19452 of 2019 and conctd. cases 23 aside the impugned orders of the State Information Commission and remanded the matters to the said commission for fresh consideration of the question of jurisdiction/applicability of the RTI Act to the petitioner and pass orders accordingly.
11. Pursuant to the above order Ext.P9, the matter was heard by the 1st respondent. It was held that the petitioner company is a Public Authority under section 2(h) of the RTI Act and directed the petitioner to disclose the information sought by the Appellants within (thirty) 30 days as evident from the order dated 20.6.2019 Ext.P10 which has been assailed in the above mentioned batch of writ petitions.
12. Coming to the second writ petition, W.P.(C) No. 19452/2019, petitioner aggrieved by Ext.P6 order dated 18.2.2019 has sought the following reliefs; I. Issue a writ or other appropriate order or direction quashing Ext. P6.
II. Issue a writ of mandamus or other appropriate writ order or direction directing the 2 nd respondent to provide the information sought by the petitioner in Ext.P1.
13. Petitioner, a shareholder of the 2nd respondent company, Cochin International Airport Ltd. (CIAL) filed an application under section 6 of the RTI Act seeking information regarding the share transfer details of Sri. George Paul in the 2 nd respondent and share transfer forms of those transactions, which WPC No.19452 of 2019 and conctd. cases 24 was rejected by the 2nd respondent vide order dated 02.12.2016 Ext.P1 on the ground that the details amounted to "personal information" and hence was exempted from disclosure under section 8(1)(j) of the Act. Thereafter petitioner filed a statutory appeal challenging the order Ext.P1 before the appellate authority of the 2nd respondent upon which it upheld the order of State Public Information Officer (SPIO) on the same ground on the premise that subscriptions to the shares of a company by an individual cannot be considered as a public activity vide order Ext.P2 dated 12.01.2017. Aggrieved by the same, petitioner filed an appeal before first respondent which was delayed unreasonably hence the petitioner approached this Hon'ble High Court through writ petition no. 36424/2018 seeking expeditious disposal of the appeal which was disposed off vide judgement dated 09.11.2018 Ext.P4 directing the 1st respondent to dispose off the appeal, within three months. Pursuant to Ext P4, the matter was heard and the petitioner submitted a detailed argument note putting forth the reasons as to why the petitioner is entitled to receive the information sought, despite that first respondent dismissed the appeal by order dated 18.02.2019 Ext.P6 by stating that the information sought amounts to "Personal Information" of an individual in complete disregard to the arguments put forth by the petitioner with no reasons.
WPC No.19452 of 2019 and conctd. cases 25
14. Mr. Kama, learned Senior Advocate with Mr.Benny Thomas Advocate on behalf of the petitioners (CIAL) raised the following submissions:
i. Government of Kerala is presently holding 32.42% of paid up share capital of the Company and the dividend more than the investments has been returned. As per the Articles of Association the ultimate decision maker in the petitioner Company (CIAL) is Board of Directors, whereas, the Government of Kerala has no control over the decisions taken by the Board.
ii. The nomination of appointment of Directors including Managing Director of the petitioner, Company is subject to the decision of the Board of Directors though Articles of Association envisaging power of the Government to nominate 1/3 rd of Directors, which shall be subject to the final decision of the Board of Directors.
iii. Unlike any other companies, the petitioner Company does not require the approval of Government.
iv. The entire compensation of land, acquired, was paid by the petitioner Company. The process of land acquisition was entrusted to a Society called KIAS (Kochi International Airport Society).
v. The finding of the State Information Commission that WPC No.19452 of 2019 and conctd. cases 26 the CIAL is the new Avathar of KIAS is factually and legally incorrect and a misnomer.
vi. The Government has, besides the investment, infused Rupees one crore as equity in May 2000, whereas the loan of CIAL started from 1999-2000.
vii. The investment was also not one time but staggered starting from April 1996 to 2006 amounting to a total of 27.85 crores out of 78 crores. Government could not invest 45.90 crores as reflected under its order ie., 51% of the authorized share capital of CIAL.
viii. Government of Kerala is at par with any share holder of CIAL.
ix. Empanelment of Chief Minister, as Chairman and authorization to nominate Directors including Managing Director would not partake the character "Substantially Financed" and "Controlled" over the management and affairs of the Body.
x. In support of the contentions counsel relied upon Thalappalam Service Cooperative Bank Ltd.&Ors vs State Of Kerala & Ors (2013) 16 SCC 82, wherein, the Supreme Court held that a cooperative society registered under the Kerala Cooperative Societies Act is not bound by provisions of Right to Information Act owing to the reason that such societies never met WPC No.19452 of 2019 and conctd. cases 27 the threshold of control by government as required under the Article 12, definition of State in the Constitution of India nor it comes under the purview of "substantially financed" by the government as prescribed under section 2(h) of the Right To Information Act. The Hon'ble court, therein, scrutinized the word "controlled" and "substantially financed" used in section 2(h) of the Act to be understood in the context which has been used vis-a-
vis a body owned or substantially financed by the appropriate government, that is, the control of the body should be of such a degree which amounts to substantial control over the management and affairs of the body.
xi. In the judgment aforementioned the expression "substantially" has held to be not synonyms with dominant and majority. The entire burden to show that the body is owned and controlled or substantially financed or that a non Government Organization substantially financed directly or indirectly by the funds provided by the appropriate Government is on the applicants seeking information, which has been not discharged.
xii. Further reliance was sought on Heavy Engineering Mazdoor Union vs The State Of Bihar & Ors 1969 (1) SCC 765; to bringforth the existence of a company incorporated under the Companies Act whose constitution, powers and functions are WPC No.19452 of 2019 and conctd. cases 28 provided for and regulated by its Memorandum of Association and Articles of Association to be separate and distinct from its members and law recognises it as a juristic person, and hence it cannot be held as an agent of its shareholders.
15. On the other hand, learned counsel for the party respondents as well as the counsel representing the State Information Commissioner countered the arguments submitted by the petitioner and supported the order impugned, Ext.P10 dated 20.6.2019 under challenge on the premise that the official website of the Cochin International Airport belies the contention of the petitioner and that CIAL, in fact would be a public authority and as per the provisions of the RTI Act. The website reveals that CIAL had arranged 100 Million bridge loan from the Federal Bank whereas the Kerala State Government stood as a guarantee as it had nothing to offer as a security for debt. The said Bridge loan was only a short term solution. Over a period of time, the cost of construction increased exponentially. The Housing and Urban Development Corporation of India (HUDCO) also on the guarantee of the Kerala State Government provided a term loan of 1 Billion at the fixed interest rate of 18% for ten years, whose repayments began in 2000 when the project be came operational.
16. With the portion of the HUDCO loan, the loan of the WPC No.19452 of 2019 and conctd. cases 29 Federal Bank was also repaid and cleared. Government ultimately had released Rs.10 Million to buy equity. As per the Articles of Association the Chief Minister would be the Chairman of the Board of Directors who would have a substantial control over the Company. An additional amount of Rupees twenty Million in equity was provided by the Kerala State Industrial Development Corporation and other Government supported institutions consisting of other smaller amount. CIAL had defaulted on its loan to HUDCO; HUDCO agreed to restructure its loan to increase the term and reduced the interest rate from 18% to 13%. As per the projected monthly revenue from 1995 to 2000 reflected that holding of the Government owned entities was Rs.304.5 Millions and Central Government owned entities was 102.5 Million.
17. The expression 'control' would mean a power to exercise a controlling influence over the management or policies of the Company unless such power is solely the result of an official position in such company. Any person who owns beneficiary, either directly or through one or more controlled companies, more than 25 percent of the voting securities of a company shall be presumed to have a control of such company.
18. The Supreme Court in the matter of the D.A.V. College Trust And Management Society vs Director Of Public Instructions (2019) 9 SCC 185 after noticing the judgment cited WPC No.19452 of 2019 and conctd. cases 30 by the petitioner ie., Thalappalam Service Cooperative Bank Ltd (supra) held that whether any body or company is substantially financed by the Government is a question of fact which has to be determined on the facts of each case. While rendering such findings, it was also held that even if the finance is more than 50%, still may not be called a "substantially Financed"
but if a body or a company gets a 100 crores of rupees as a grant and the amount is less than 50%, the same can be termed to be "Substantially Financed". Factum of facilitating subsidies, grants, exemptions, privileges cannot be said to be providing funding to a substantial extent unless the record shows the "Funding" was so "Substantial" to the body. The "Substantial" would mean a "large portion".
19. The share holding pattern of the petitioner Company would reflect that the State Government is a promoter to the extent of 32.42% and is also holding the share capital to the extent of 1.73. Other than the Chairman as Chief Minister, out of three Directors, two are Ministers and the Manager is from the rank of the Chief Secretary or Additional Secretary. The Managing Director of the Company is an IAS officer and the salary is being drawn from the State Ex-chequer. The order of the State Information Commissioner is perfectly legal and justified and do not call for any interference under Article 226 of the Constitution WPC No.19452 of 2019 and conctd. cases 31 of India.
20. I have heard the learned counsel for the parties and appraised the paper books. The Right to Information was enacted by the parliament in the year 2005. The object and reason of the Act was that the democracy required that an informed citizenry and transparency of information which are vital to its functioning and also to contain corruption and to hold Governments, their instrumentalities accountable. The revelation of information would likely to conflict with other public interests which would hinder the efficient operations of the Governments and therefore to harmonise the conflicting interest, certain saving clauses were incorporated while promulgating the Act and later certain amendments were inserted.
21. As per Section 2(h) of the Act Public Authority has been defined, which reads as under:-
2(h) 'public authority' means any authority or body or institution of self government established or constituted. a. by or under the Constitution.
b. by any other law made by Parliament c. by notification issued or order made by the appropriate Government, and includes any -
(i) body owned, controlled or substantially financed;
(ii) non-Government organization substantially financed, directly or indirectly by funds provided by the appropriate Government.
22. The entire focus lays upon the applicability of the provisions of Section 2(h)(d)(i) and 2(h)(d)(ii) which would include WPC No.19452 of 2019 and conctd. cases 32 any "Body owned, Controlled or Substantially Financed or Non- Government Organization Substantially Financed, Directly or Indirectly" by funds provided by the appropriate Government.
23. On perusal of the definition, the following two questions arises for determination:-
1. whether the petitioner company would come under the definition of Public Authority as per section 2(h) of the Right To Information Act
2. whether it be bound by the obligations to provide information sought by the respondents.
24. To answer the aforementioned questions, it would be appropriate to extract the provisions of Article 95 and 125 of the Articles of Association of the Company.
Article 95(1) of the Articles of Association provides as under:-
95(1) Subject to the provisions of section 255, 268 and other applicable provisions of the Companies Act, 1956 and articles 108(1,2, &3) of the Articles of Association of the Company, so long as the Govt. of Kerala and/or its public sector undertakings jointly or severally hold not less than 26% of the paid up equity capital of the company, the Govt. of Kerala shall have the right to nominate from time to time at its discretion 1/3rd of the total number of Directors of the Company.
Article 125 of the Articles of Association provides as under:-
Subject to the provisions of section 268,269,198, 309, 310, 311, schedule XIII and other applicable provisions of the Companies Act, 1956 as amended and applicable from time to time , so long as the Govt. of Kerala and/or its public sector undertakings jointly or severally hold not less than 26% of the paid up equity capital of the company, the Govt. of Kerala shall have the right to appoint one among the Directors as WPC No.19452 of 2019 and conctd. cases 33 Managing Director of the Company for such term not exceeding five years at a time and to fix his remuneration. Government of Kerala will also have the right to withdraw / cancel the appointment so made and to reappoint any other director as Managing Director at their discretion. However, the Government of Kerala shall exercise their rights contained in this Article (Article 125(1)) only in consultation with the Board of the Company. Board may appoint one or more of its members as wholetime Director or wholetime Directors or Technical Director or Technical Directors at such remuneration and upon such conditions as it may deem fiit.
25. Petitioner CIAL in their official website had candidly admitted the role of the Government. The relevant provisions of the website reads as under:
CIAL had authorized capital of Rs900 million and the Rs40 milion that had been received as interest free loans was convened into equity shares. To keep the project moving forward, CIAL arranged for a R100 million bridge loan from the Federal Bank of India. The Kerala State Government guaranteed the loan since CIAT was incorporated as a special purpose vehicle and had nothing to offer as security for the debt. The bridge loan was only a short-term solution, however By this stage, the projected cost of the airport had more than doubled to R21 billion, partly due to inflation and partly due to more realistic cost estimates and designs. CIAL hoped to finance one-third of the cost in equity and the balance in long- term debt. Beyond the financial constraints, the process of purchasing property was complicated and bitter Land needed to be acquired in several different municipalities, with 52 elected representatives, all ready to take up the causes of their constituents After 32 rounds of negotiation, the Government of Kerala and CIAL finally came up with a "rehabilitation package" that guaranteed 'free land to each displaced household on top of the fair market value of their land-holding The project crept forward despite its precarious financial situation. At one point, CIAL tendered for the Rs500 million runway contract when it only had Re20 million in hand. By the end of 1994, however, the project was beginning to mobilize financial resources When CIAL 'shares were offered in a private placement, over 10,000 shareholders ultimately subscribed to the offering raising over (Rs.50 million The WPC No.19452 of 2019 and conctd. cases 34 Housing and Urban Development Corporation of India (HUDCO) a much- needed term loan of Rs1 billion after the Kerala State Government agreed to guarantee the debt. The loan was provided at a fixed interest rate of 18 percent for 10 years, with repayments scheduled to begin in 2000, after the project was operational CIAL used a portion of the HUDCO term loan to repay the Federal Bank bridge loan and clear up its outstanding short-term debts. Although there was still a long way to go, the perception of the feasibility of the project began to improve and more resources became available to CIAL.
One sticking point that remained was the state government's participation in the authorized shares of the company. Initially, the government was expected to buy 2 percent of the authorized shares (at & cost of 234 million rupees), and between 1994 and 1996 CLAL made repeated requests to the government to contribute at least a portion of that amount After several rounds of meetings, the State agreed to release 60 milli rupees, but again no funds were disbursed. In March 1995, CIAL threatened to remove Kerala's nominee from the Board of Directors unless the state government invested in a least 15 percent of the equity, as set out in CIAL's incorporation papers. The government responded by releasing only Rs10 million to buy equity!!. The situation changed in May 1999, however, when the Communist Party won control of the state government. The incoming administration recognized the importance of the airport to the development of the region, but the Communist Party's policy was that major infrastructure projects should be controlled by the public sector. In the e the administration fashioned a compromise. The new Chief Minister would become Chairman of the Board of Directors of CIAL, giving the State substantial control over the company. In return, the State would become the major equity partner in CIAL investing an extra R$292 million in equity. An additional R$20 million in equity was provided by institutions committed smaller amounts.
26. Both parties have not denied that the promoter share of the State of Kerala is 32.42% and that other Government entities have also share holding. On perusal of the Article 125 extracted above, it is evident that the Chairman of the Company would be the Chief Minister and the Managing Director, an IAS officer who WPC No.19452 of 2019 and conctd. cases 35 is drawing a salary from the State Ex-chequer. Besides these two persons, two directors are the sitting Ministers and another Director is the Chief Secretary. The list of the present Board of Directors reads thus:
Shri. Pinarayi Vijayan, Chief Minister of Kerala Chairman Shri.P.Rajeeve, Minister Director Shri.K.Rajan, Minister Director Dr. V.P Joy, Chief Secretary Director Shri. E.K Bharat Bhushan (Former Chief Secretary, Former DGCA) Director Smt. Aruna Sundararajan (Former Telecom Secretary) Director Shri. N.V George Director (MD, M/s Geo Electricals Trading and contracting company Ltd., Sharjah) Shri. M.A Yusuff Ali Director (MD, M/s EMKE Group, Abu dhabi) Shri. E.M Babu Director (M/s Majeed Bukatara Trading Esst, Dubai, UAE) Shri. S. Suhas IAS , Managing Director, CIAL.
27. In Thalappalam Service Cooperative Bank Ltd. (supra), the controversy pertained to disclosure of the information in respect of the Co-operative Society registered under the Kerala Co-operative Societies Act, 1969. In para 40 of the judgment it was held that the burden to show that the body is owned, controlled or substantially financed or that a non- government organization is substantially financed directly or indirectly by the funds provided by the appropriate government is on an applicant, who seeks the information. Para 40 of the judgment reads as under:
40. The burden to show that a body is owned, controlled or substantially financed or that a non-government organization WPC No.19452 of 2019 and conctd. cases 36 is substantially financed directly or indirectly by the funds provided by the appropriate Government is on the applicant who seeks information or the appropriate Government and can be examined by the State Information Commission or the Central Information Commission as the case may be, when the question comes up for consideration. A body or NGO is also free to establish that it is not owned, controlled or substantially financed directly or indirectly by the appropriate Government.
43. We are of the view that the High Court has given a complete go-bye to the above-mentioned statutory principles and gone at a tangent by mis- interpreting the meaning and content of Section 2(h) of the RTI Act. Court has given a liberal construction to expression "public authority" under Section 2(h) of the Act, bearing in mind the "transformation of law" and its "ultimate object" i.e. to achieve "transparency and accountability", which according to the court could alone advance the objective of the Act. Further, the High Court has also opined that RTI Act will certainly help as a protection against the mismanagement of the society by the managing committee and the society's liabilities and that vigilant members of the public body by obtaining information through the RTI Act, will be able to detect and prevent mismanagement in time. In our view, the categories mentioned in Section 2(h) of the Act exhaust themselves, hence, there is no question of adopting a liberal construction to the expression "public authority" to bring in other categories into its fold, which do not satisfy the tests we have laid down. Court cannot, when language is clear and unambiguous, adopt such a construction which, according to the Court, would only advance the objective of the Act. We are also aware of the opening part of the definition clause which states "unless the context otherwise requires". No materials have been made available to show that the cooperative societies, with which we are concerned, in the context of the Act, would fall within the definition of Section 2(h) of the Act.
28. By noticing the definition of Section 2(h) in Para 43, it was held that the High Court had given a liberal construction to the expression 'public authority' under Section 2(h) of the Act, bearing in mind that the 'transformation of law' and its 'ultimate WPC No.19452 of 2019 and conctd. cases 37 object' to achieve transparency and accountability. Therefore, the provision of RTI Act would be applicable to the management of the Society. The said view according to the Supreme Court was held to be incorrect on the ground that there was no question for the High Court in adopting a liberal construction to the expression 'Public authority' to bring other categories into fall than the one specified in Section 2(h)(d) (i) and 2(h)(d) (ii). The aforementioned judgment was rendered on 7.10.2013.
29. In a matter pertaining to D.A.V. College Trust And Management Society (supra) Supreme Court on 17.9.2019 noticed that the expression 'substantial' though means a large portion but it would not necessarily mean a major portion or more than 50%. No hard and fast rule can be laid down as a Substantial Financing can be both 'Direct or Indirect'. By giving such observations, it was held that whether an NGO or body or any company is "Substantially Financed" by the Government would be a question of fact and has to be determined as per the facts on each case. For example, there can be a finance more than 50% but still cannot be called substantially financed but where if a company or body gets hundreds or crores of Rupees as grant and it is less than 50%, the same would be termed to be substantially financed.
WPC No.19452 of 2019 and conctd. cases 38
30. The aims and object of the Cochin International Airport (CIAL), read with provisions of Article 95 and 125 of the Articles of Association would lead to an irresistible conclusion that the Government of Kerala had Deep and Pervasive control over the Company. As per the provisions of the Articles of Association, the Managing Director shall have the general directions, management and supervision of the business of the Company with powers to do all acts, matters, things deem necessary for carrying out the business of the Company. Thus, his control is also Deep and pervasive. The Board de facto is controlled by the Chief Minister and three other ministers of the Cabinet and the senior IAS officer of the State. The Government order of 15.6.2016, also is a testimony to the fact that the Managing Director of the CIAL would be drawing a salary from the Government of Kerala in the capacity of the Additional Chief Secretary in the Government. In the Thalappalam Service Cooperative Bank Ltd.(supra), it was held that the Co-operative Society would not be falling within the definition of Public authority whereas by noticing the ratio culled out in the subsequent judgment of the D.A.V. College Trust And Management Society (supra), wherein, it has been held that if the holding is even less than 50% but the funding is substantial or financing direct or indirect would be substantial. In the present case decisions are being taken by the majority of the WPC No.19452 of 2019 and conctd. cases 39 Directors who are from the Government then it cannot be said that such entity would not be a public authority as defined under Section 2(h). The relevant paragraphs of the judgment in D.A.V. College Trust And Management Society vs Director Of Public Instructions (2019) 9 SCC 185 para 26, 27 and 28 read thus:
26. In our view, "substantial" means a large portion. It does not necessarily have to mean a major portion or more than 50%. No hard-and-fast rule can be laid down in this regard, Substantial Financing can be both direct or indirect. To give an example, if a land in a city is given free of cost or on heavy discount to hospitals, educational institutions or such other body, this in itself could also be substantial financing. The very establishment of such an institution, if it is dependent on the largesse of the State in getting the land at a cheap price, would mean that it is substantially financed. Merely because financial contribution of the State comes down during the actual funding, will not by itself mean that the indirect finance given is not to be taken into consideration. The value of the land will have to be evaluated not only on the date of allotment but even on the date when the question arises as to whether the said body or NGO is substantially financed.
27. Whether an NGO or body is substantially financed by the Government is a question of fact which has to be determined on the facts of each case. There may be cases where the finance is more than 50% but still may not be called d substantially financed. Supposing a small NGO which has a total capital of Rs 10.000 gets a grant of Rs 5000 from the Government, though this grant may be 50%, it cannot be termed to be substantial contribution. On the other hand, if a body or an NGO gets hundreds of crores of rupees as grant but that amount is less than 50%, the same can still be termed to be substantially financed.
28. Another aspect for determining substantial finance is whether the body. authority or NGO can carry on its activities effectively without getting finance from the Government. If its functioning is dependent on the finances of the Government then there can be no manner of doubt that it has to be termed as substantially financed.
WPC No.19452 of 2019 and conctd. cases 40
31. The petitioners have also relied upon the judgment of the Supreme Court in Steel Authority of India Ltd. And Others v. National Union Waterfront Workers and Others (2001) 7 SCC 1 Para 41 wherein by noticing the judgment of Heavy Engineering Mazdoor Union v. State of Bihar and Others 1969 (1) SCC 765, the question which came up for consideration before the Supreme Court in the earlier decision and in the subsequent was with regard to the expression 'appropriate government'. Where the Central Government had contributed the entire share capital and all the shares held by the President of India and certain officers of Central Government would not make a difference until and unless there is a statutory provisions or a commercial co-operation acting on its own behalf. Even though it was controlled wholly or partially by Government department would be ordinarily presumed not to be servant or agent of the State. But it was clarified that a reference that the Corporation was the agent of the Government could be drawn where it was performing 'in substance' Governmental and not "commercial functions". In other words, mere share holding of the Government would not lead to a conclusion that it has a Deep and Pervasive control. There is no quarrel to the aforementioned findings, but the facts cumulatively noticed above along with the Articles of Association, and acceptance of the candid admission of the WPC No.19452 of 2019 and conctd. cases 41 Company on their website leaves no manner of doubt that the State of Kerala has deep and pervasive control and therefore the petitioner Company CIAL would definitely fall within the definition of public authority as defined under Section 2(h) (d) (i) and (ii) of the Act.
32. During the course of the argument, it was urged that when there are different judgments of the Hon'ble Supreme Court on a same point, the matter requires to be preferred to larger bench. I am afraid the said argument has no legs to stand in view of the law laid down by the Supreme Court in the judgment Gregory Patrao and Others v. Mangalore Refinery and Petrochemicals Limited and Others 2022 SCC online SC 830. In paragraph 32 the Hon'ble Supreme Court on the question of notice raised above held as under:
32. This Court thereafter had considered the decisions in the case of UP Awas Evam Vikas Parishad (supra) and Himalayan Tiles and Marble (P) Ltd. (supra) and has distinguished the same and has observed and held that the decisions in the case of UP Awas Evam Vikas Parishad (supra) and Himalayan Tiles and Marble (P) Ltd. (supra) shall not be appliable with respect to the acquisition under the KIAD Act, 1966. Once, this Court in the subsequent decision in the case of Peerappa Hanmantha Harijan (supra) dealt with and considered the earlier decisions in the case of UP Awas Evam Vikas Parishad (supra) and Himalayan Tiles and Marble (P) Ltd. (supra) and distinguished the same and observed and held with respect to the acquisition under the KIAD Act, 1966 that the allottee company can neither be said to be a "person interested" nor entitled for hearing before determination of compensation, the said ratio was binding upon the High Court. Thus, it was not open for the High Court to not follow the binding decision of this Court in the case of Peerappa Hanmantha Harijan WPC No.19452 of 2019 and conctd. cases 42 (supra) by observing that in the subsequent decision in the case of Peerappa Hanmantha Harijan (supra), the earlier decisions in the case of UP Awas Evam Vikas Parishad (supra) and Himalayan Tiles and Marble (P) Ltd. (supra) have not been considered. The High Court has not noted that as such while deciding the case of Peerappa Hanmantha Harijan (supra), this Court did consider the earlier decisions in the case of UP Awas Evam Vikas Parishad (supra) and Himalayan Tiles and Marble (P) Ltd. (supra) and had clearly distinguished the same. Not following the binding precedents of this Court by the High Court is contrary to Article 141 of the Constitution of India. Being a subsequent decision, in which the earlier decisions were considered and distinguished by this Court, the subsequent decision of this Court was binding upon the High Court and not the earlier decisions, which were distinguished by this Court.
33. In view of the aforementioned facts, I am governed by the ratio of decidendi culled out in the subsequent judgment of the Supreme Court in D.A.V. College Trust And Management Society (supra) and hold that CIAL is a "Public Authority".
34. Now the question which further arises is "whether the information sought would be a personal information or otherwise or it is under exempted provisions of Section 8(1)(j) or not". The Five Bench of the Supreme Court in Central Public Information Officer v. Subhash Chandra Agarwal (2020) 5 SCC 481 elaborately discussed the meaning of 'public interest' in paragraph 91 and 92, which reads as under:
91. Public interest in access to information refers to something that is in the interest of the public welfare to know. Public welfare is widely different from what is of interest to the public.
"Something which is of interest to the public" and "something which is in the public interest" are two separate and different parameters. For example, the public may be interested in private matters with which the public may have no concern and WPC No.19452 of 2019 and conctd. cases 43 pressing need to know. However, such interest of the public in private matters would repudiate and directly traverse the protection of privacy. The object and purpose behind the specific exemption vide clause
(j) to Section 8(1) is to protect and shield oneself from unwarranted access to personal information and to protect facets like reputation, honour, etc. associated with the right to privacy. Similarly, there is a public interest in the maintenance of confidentiality in the case of private individuals and even government, an aspect we have already discussed.
92.The public interest test in the context of the RTI Act would mean reflecting upon the object and purpose behind the right to information, the right to privacy and consequences of invasion, and breach of confidentiality and possible harm and injury that would be caused to the third party, with reference to a particular information and the person. In an article 'Freedom of Information and the Public Interest: the Commonwealth experience' published in the Oxford University Commonwealth Law Journal,51 the factors identified as favouring disclosure, those against disclosure and lastly those irrelevant for consideration of public interest have been elucidated as under:
"it is generally accepted that the public interest is not synonymous with what is of interest to the public, in the sense of satisfying public curiosity about some matter. For example, the UK Information Tribunal has drawn a distinction between 'matters which were in the interests of the public to know and matters which were merely interesting to the public (i.e. which the public would like to know about, and which sell newspapers, but... are not relevant). Factors identified as favouring disclosure include the public interest in:
contributing to a debate on a matter of public importance; accountability of officials; openness in the expenditure of public funds, the performance by a public authority of its regulatory functions, the handling of complaints by public authorities; exposure of wrongdoing, inefficiency or unfairness; individuals being able to refute allegations made against them; enhancement of scrutiny of decision-making; and protecting against danger to public health or safety.
Factors that have been found to weigh against disclosure include: the likelihood of damage to security or international relations; the likelihood of damage to the integrity or viability of decision-making processes: the public interest in public bodies being able to perform their functions effectively; the public interest in preserving the privacy of individuals and the public interest in the preservation of confidences. WPC No.19452 of 2019 and conctd. cases 44 Factors irrelevant to the consideration of the public interest have also been identified. These include: that the information might be misunderstood; that the requested information in overly technical in nature; and that disclosure would result in embarrassment to the Government or to officials.
35. In the instant case, the party respondents have been seeking information of the minutes of the Board meeting. The minutes of the Board meeting, after its approval are sent to the registrar of Company. It is therefore a public document and thus cannot be said to be personal information as exempted under section 8(1)(j) of the Act. The order of the State Information Commission dated 20.6.2019 in batch of petitions assailed by the petitioners is perfectly justified and legal. Accordingly, upheld.
Writ petitions are dismissed.
As regards the W.P.(C) No. 19452/2019 the order impugned dated 18.02.2019 is set aside. It is held that the CIAL is a public authority. The matter is remitted to the SPIO ie., the State Public Information Officer of the CIAL to entertain the complaint of the petitioner and provide the information in accordance with law.
Sd/-
sab AMIT RAWAL, JUDGE WPC No.19452 of 2019 and conctd. cases 45 APPENDIX OF WP(C) 19656/2019 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE MEMORANDUM AND ARTICLES OF ASSOCIATION OF THE COMPANY.
EXHIBIT P2 TRUE COPY OF THE SHARE HOLDING PATTERN OF THE COMPANY AS ON 01.10.2018.
EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 11.06.2010 IN WP(C) NO.30599/2007 OF THIS HON'BLE COURT.
EXHIBIT P4 A TRUE COPY OF THE ORDER DATED 26.06.2019 OF THE STATE CHIEF INFORMATION COMMISSIONER.
EXHIBIT P5 TRUE COPY OF THE LETTER DATED 18.07.2016. EXHIBIT P6 TRUE COPY OF THE RESPONSE DATED 04.08.2016.
EXHIBIT P7 TRUE COPY OF THE ORDER DATED 03.10.2016 OF THE APPELLATE AUTHORITY.
EXHIBIT P8 TRUE COPY OF THE ORDER LETTER DATED 14.12.2017 OF THE 1ST RESPONDENT.
EXHIBIT P9 TRUE COPY OF THE COMMON JUDGMENT DATED 19.02.2019 OF THIS HON'BLE COURT.
EXHIBIT P10 TRUE COPY OF THE ORDER DATED 20.06.2019. EXHIBIT P11 TRUE COPY OF THE PAGE NO. 35 OF ANNUAL REPORT OF CIAL FOR 2017-18.
EXHIBIT P12 TRUE COPY OF THE RELEVANT PAGES OF ANNUAL REPORTS OF CIAL FOR THE YEAR 2004-2005. EXHIBIT P13 TRUE COPY OF THE RELEVANT PAGES OF ANNUAL REPORTS OF CIAL FOR THE YEAR 2006-2007. EXHIBIT P14 TRUE COPY OF THE RELEVANT PAGES OF ANNUAL REPORTS OF CIAL FOR THE YEAR 2009-2010. WPC No.19452 of 2019 and conctd. cases 46 EXHIBIT P15 TRUE COPY OF THE RESOLUTIONS OF THE ANNUAL GENERAL MEETING FOR THE YEAR 2002- 2003.
EXHIBIT P16 TRUE COPY OF THE GOVERNMENT ORDER. EXHIBIT P17 TRUE COPY OF THEDETAILS OF THE INVESTMENT MADE BY THE GOVERNMENT OF KERALA IN THE PAID UP SHARE CAPITAL OF CIAL AND GOVET'S EQUITY AS AGAINST THE AUTHORIZED CAPITAL. EXHIBIT P18 TRUE COPY OF THE STATEMENT SHOWING PAID UP CAPITAL, AUTHORIZED CAPITAL AND TERM LOAN AVAILED BY CIAL FOR THE FINANCIAL YEARS, 1994-95 TO 2001.02.
EXHIBIT P19 TRUE COPY OF THE STATEMENT OF YEAR WISE DIVIDEND PAID BY CIAL TO THE GOVERNEMNT OF KERALA.
EXHIBIT P20 TRUE COPY OF THE SHARE APPLICATION OF THE GOVT. OF KERALA APPLYING FOR SHARES OF CIAL.
EXHIBIT P21 TRUE COPY OF THE SHARE APPICATION OF THE GOVT. OF KERALA APPLYING FOR SHARES OF CIAL.
EXHIBIT P22 TRUE COPY OF THE RELEVANT PAGE OF THE 1ST MEMORANDUM AND ARTICLES OF ASSOCIATION OF TEH PETITIONER FILED WITH REGISTRAR OF COMPANIES CONTAINING ARTICLE 65(1) WPC No.19452 of 2019 and conctd. cases 47 APPENDIX OF WP(C) 20175/2019 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE MEMORANDUM AND ARTICLES OF ASSOCIATION OF THE COMPANY EXHIBIT P2 TRUE COPY OF THE SHARE HOLDING PATTERN OF THE COMPANY AS ON 01-10-2018 EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 11-06- 2010 IN W.P(C) NO. 30599/2007 OF THIS HON'BLE COURT EXHIBIT P4 A TRUE COPY OF THE ORDER DATED 26-07-2010 OF THE STATE CHIEF INFORMATION COMMISSIONER EXHIBIT P5 TRUE COPY OF THE LETTER DATED 23-2-2013 EXHIBIT P6 TRUE COPY OF THE RESPONSE DATED 25-3-2013 EXHIBIT P7 TRUE COPY OF THE ORDER ORDER LETTER DATED 15.05.2013 OF THE APPELLATE AUTHORITY EXHIBIT P8 TRUE COPY OF THE ORDER DATED 3.03.2016 OF THE 1ST RESPONDENT.
EXHIBIT P9 TRUE COPY OF THE COMMON JUDGMENT DATED 19-02-2019 OF THIS HON'BLE COURT.
EXHIBIT P10 TRUE COPY OF THE ORDER DATED 20-06-2019 EXHIBIT P11 TRUE COPY OF THE PAGE NO. 35 OF ANNUAL REPORT OF CIAL FOR 2017-18 EXHIBIT P12 TRUE COPY OF THE RELEVANT PAGES OF ANNUAL REPORTS OF CIAL FOR THE YEAR 2004-05 EXHIBIT P13 TRUE COPY OF THE RELEVANT PAGES OF ANNUAL REPORTS OF CIAL FOR THE YEAR 2006-07 EXHIBIT P14 TRUE COPY OF THE RELEVANT PAGES OF ANNUAL REPORTS OF CIAL FOR THE YEAR 2009-10 WPC No.19452 of 2019 and conctd. cases 48 EXHIBIT P15 TRUE COPY OF THE RESOLUTIONS OF THE ANNUAL GENERAL MEETING FOR THE YEAR 2002- 03 EXHIBIT P16 TRUE COPY OF THE GOVERNMENT ORDER EXHIBIT P17 TRUE COPY OF THE DETAILS OF THE INVESTMENT MADE BY THE GOVT. OF KEREALA IN THE PAID UP SHARE CAPITAL OF CIAL AND GOVT'S EQUITY AS AGAINST THE AUTHORIZED CAPITAL EXHIBIT P18 TRUE COPY OF THE STATEMENT SHOWING PAID UP CAPITAL, AUTHORIZED CAPITAL AND TERM LOAN AVAILED BY CIAL FOR THE FINANCIAL YEARS 1994-95 TO 2001-02 EXHIBIT P19 TRUE COPY OF THE STATEMENT OF YEAR WISE DIVIDEND PAID BY CIAR TO THE GOVT. OF KERALA EXHIBIT P20 TRUE COPY OF THE SHARE APPLICATION OF THE GOVT. OF KERALA APPLYING FOR SHARES OF CIAL EXHIBIT P21 TRUE COPY OF THE SHARE APPLICATION OF THE GOVT. OF KERALA APPLYING FOR SHARES OF CIAL.
EXHIBIT P22 TRUE COPY OF COPY OF THE RELEVANT PAGE OF THE 1ST MEMORANDUM AND ARTICLES OF ASSOCIATION OF THE PETITIONER FILED WITH REGISTRAR OF COMAPNIES CONTAINING ARTICLE 95(1) WPC No.19452 of 2019 and conctd. cases 49 APPENDIX OF WP(C) 20214/2019 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE MEMORANDUM AND ARTICLES OF ASSOCIATION OF THE COMPANY.
EXHIBIT P2 TRUE COPY OF THE SHARE HOLDING PATTERN OF THE COMPANY AS ON 01/10/2018.
EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 11/06/2010 IN W.P(C) NO.30599/2007 OF THIS HON'BLE COURT.
EXHIBIT P4 A TRUE COPY OF THE ORDER DATED26/07/2010 OF THE STATE CHIEF INFORMATION COMMISSIONER.
EXHIBIT P5 TRUE COPY OF THE LETTER DATED 03/03/2014. EXHIBIT P6 TRUE COPY OF THE RESPONSE DATED 25/03/2014.
EXHIBIT P7 TRUE COPY OF THE ORDER DATED 19/05/2014 OF THE APPELLATE AUTHORITY.
EXHIBIT P8 TRUE COPY OF THE ORDER LETTER DATED 31/01/2015 OF THE 1ST RESPONDENT.
EXHIBIT P9 TRUE COPY OF THE COMMON JUDGMENT DATED 19/02/2019 OF THIS HON'BLE COURT.
EXHIBIT P10 TRUE COPY OF THE ORDER DATED 20/06/2019. EXHIBIT P11 TRUE COPY OF THE PAGE NO.35 OF ANNUAL REPORT OF CIAL FOR 2017-18.
EXHIBIT P12 TRUE COPY OF THE RELEVANT PAGES OF ANNUAL REPORTS OF CIAL FOR THE YEAR 2004-05. EXHIBIT P13 TRUE COPY OF THE RELEVANT PAGES OF ANNUAL REPORTS OF CIAL FOR THE YEAR 2006-07. EXHIBIT P14 TRUE COPY OF THE RELEVANT PAGES F ANNUAL REPORTS OF CIAL FOR THE YEAR 2009-10. WPC No.19452 of 2019 and conctd. cases 50 EXHIBIT P15 TRUE COPY OF THE RESOLUTIONS OF THE ANNUAL GENERAL MEETING FOR THE YEAR 2002- 03. EXHIBIT P16 TRUE COPY OF THE GOVERNMENT ORDER. EXHIBIT P17 TRUE COPY OF THE DETAILS OF THE INVESTMENT MADE BY THE GOVT. OF KERALA IN THE PAID UP SHARE CAPITAL OF CIL AND GOVT'S EQUITY AS AGAINST THE AUTHORIZED CAPITAL.
EXHIBIT P18 TRUE COPY OF THE STATEMENT SHOWING PAID UP CAPITAL, AUTHORIZED CAPITAL AND TERM LOAN AVAILED BY CIAL FOR THE FINANCIAL YEARS 1994-95 TO 2001-02.
EXHIBIT P19 TRUE COPY OF THE STATEMENT OF YEAR WISE DIVIDEND PAID BY CIAL TO THE GOVT. OF KERALA.
EXHIBIT P20 TRUE COPY OF THE SHARE APPLICATION OF THE GOVT. OF KERALA APPLYING FOR SHARE S OF CIAL.
EXHIBIT P21 TRUE COPY OF THE SHARE APPLICATION OF THE GOVT. OF KERALA APPLYING FOR SHARES OF CIAL.
EXHIBIT P22 TRUE COPY OF THE RELEVANT PAGE OF THE 1ST MEMORANDUM AND ARTICLES OF ASSOCIATION OF THE PETITIONER FILED WITH REGISTRAR OF COMPANIES CONTAINING ARTICLE 95(1). WPC No.19452 of 2019 and conctd. cases 51 APPENDIX OF WP(C) 20201/2019 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE MEMORANDUM AND ARTICLES OF ASSOCIATION OF THE COMPANY.
EXHIBIT P2 TRUE COPY OF THE SHARE HOLDING PATTERN OF THE COMPANY AS ON 1.10.2018.
EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 11.6.2010 IN WPC.NO.30599/2007 OF THIS HON'BLE COURT.
EXHIBIT P4 A TRUE COPY OF THE ORDER DATED 26.6.2010 OF THE STATE CHIEF INFORMATION COMMISSIONER.
EXHIBIT P5 TRUE COPY OF THE LETTER DATED 26.2.2014. EXHIBIT P6 TRUE COPY OF THE RESPONSE DATED 25.3.2014.
EXHIBIT P7 TRUE COPY OF THE ORDER DATED 19.5.2014 OF THE APPELLATE AUTHORITY.
EXHIBIT P8 TRUE COPY OF THE ORDER LETTER DATED 31.1.2015 OF THE 1ST RESPONDENT.
EXHIBIT P9 TRUE COPY OF THE COMMON JUDGMENT DATED 19.2.2019 OF THIS HON'BLE COURT.
EXHIBIT P10 TRUE COPY OF THE ORDER DATED 20.6.2019. EXHIBIT P11 TRUE COPY OF THE PAGE NO.35 OF ANNUAL REPORT OF CIAL FOR 2017-18.
EXHIBIT P12 TRUE COPY OF THE RELEVANT PAGES OF ANNUAL REPORTS OF CIAL FOR THE YEAR 2004-05. EXHIBIT P13 TRUE COPY OF THE RELEVANT PAGES OF ANNUAL REPORTS OF CIAL FOR THE YEAR 2006-07. EXHIBIT P14 TRUE COPY OF THE RELEVANT PAGES OF ANNUAL REPORTS OF CIAL FOR THE YEAR 2009-10. WPC No.19452 of 2019 and conctd. cases 52 EXHIBIT P15 TRUE COPY OF THE RESOLUTIONS OF THE ANNUAL GENERAL MEETING FOR THE YEAR 2002- 03. EXHIBIT P16 TRUE COPY OF THE GOVERNMENT ORDER. EXHIBIT P17 TRUE COPY OF THE DETAILS OF THE INVESTMENT MADE BY THE GOVT. OF KERALA IN THE PAID UP SHARE CAPITAL OF CIAL AND GOVT'S EQUITY AS AGAINST THE AUTHORIZED CAPITAL.
EXHIBIT P18 TRUE COPY OF THE STATEMENT SHOWING PAID UP CAPITAL, AUTHORIZED CAPITAL AND TERM LOAN AVAILABLE BY CIAL FOR THE FINANCIAL YEARS 1994-95 TO 2001-02.
EXHIBIT P19 TRUE COPY OF THE STATEMENT OF YEAR WISE DIVIDEND PAID BY CIAL TO THE GOVT. OF KERALA.
EXHIBIT P20 TRUE COPY OF THE SHARE APPLICATION OF THE GOVT. OF KERALA APPLYING FOR SHARES OF CIAL.
EXHIBIT P21 TRUE COPY OF THE SHARE APPLICATION OF THE GOVT. OF KERALA APPLYING FOR SHARE OF CIAL.
EXHIBIT P22 TRUE COPY OF THE RELEVANT PAGE OF THE 1ST MEMORANDUM AND ARTICLES OF ASSOCIATION OF THE PETITIONER FILED WITH REGISTRAR OF COMPANIES CONTAINING ARTICLE 95(1). WPC No.19452 of 2019 and conctd. cases 53 APPENDIX OF WP(C) 20209/2019 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE MEMORANDUM AND ARTICLE OF ASSOCIATION OF THE COMPANY.
EXHIBIT P2 TRUE COPY OF THE SHARE HOLDING PATTERN OF THE COMPANY AS ON 01/10/2018.
EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 11/06/2010 IN W.P (C) NO.30599/2007 OF THIS HON'BLE COURT.
EXHIBIT P4 A TRUE COPY OF THE ORDER DATED 26/07/2010 OF THE STATE CHIEF INFORMATION COMMISSIONER.
EXHIBIT P5 TRUE COPY OF THE LETTER DATED 26/02/2014. EXHIBIT P6 TRUE COPY OF THE RESPONSE DATED 25/03/2014.
EXHIBIT P7 TRUE COPY OF THE ORDER DATED 19/05/2014 OF THE APPELLATE AUTHORITY.
EXHIBIT P8 TRUE COPY OF THE ORDER DATED 31/01/2015 OF THE 1ST RESPONDENT.
EXHIBIT P9 TRUE COPY OF THE COMMON JUDGMENT DATED 19/02/2019 OF THIS HON'BLE COURT.
EXHIBIT P10 TRUE COPY OF THE ORDER DATED 20/06/2019. EXHIBIT P11 TRUE COPY OF THE PAGE NO.35 OF ANNUAL REPORT OF CIAL FOR 2017-18.
EXHIBIT P12 TRUE COPY OF THE RELEVANT PAGES OF ANNUAL REPORTS OF CIAL FOR THE YEAR 2004-05. EXHIBIT P13 TRUE COPY OF THE RELEVANT PAGES OF ANNUAL REPORTS OF CIAL FOR THE YEAR 2006-07. EXHIBIT P14 TRUE COPY OF THE RELEVANT PAGES OF ANNUAL REPORTS OF CIAL FOR THE YEAR 2009-10. WPC No.19452 of 2019 and conctd. cases 54 EXHIBIT P15 TRUE COPY OF THE RESOLUTIONS OF THE ANNUAL GENERAL MEETING FOR THE YEAR 2002- 03. EXHIBIT P16 TRUE COPY OF THE GOVERNMENT ORDER. EXHIBIT P17 TRUE COPY OF THE DETAILS OF THE INVESTMENT MADE BY THE GOVT. OF KERALA IN THE PAID UP SHARE CAPITAL OF CIAL AND GOVT'S EQUITY AS AGAINST THE AUTHORIZED CAPITAL.
EXHIBIT P18 TRUE COPY OF THE STATEMENT SHOWING PAID UP CAPITAL, AUTHORIZED CAPITAL AND TERM LOAN AVAILED BY CIAL FOR THE FINANCIAL YEARS 1994-95 TO 2001-02.
EXHIBIT P19 TRUE COPY OF THE 'THE STATEMENT OF YEAR WISE DIVIDED PAID BY CIAL TO THE GOVT. OF KERALA.
EXHIBIT P20 TRUE COPY OF THE SHARE APPLICATION OF THE GOVT. OF KERALA APPLYING FOR SHARES OF CIAL.
EXHIBIT P21 TRUE COPY OF THE SHARE APPLICATION OF THE GOVT. OF KERALA APPLYING FOR SHARES OF CIAL.
EXHIBIT P22 TRUE COPY OF THE RELEVANT PAGE OF THE 1ST MEMORANDUM AND ARTICLES OF ASSOCIATION OF THE PETITIONER FILED WITH REGISTRAR OF COMPANIES CONTAINING ARTICLE 95(1). WPC No.19452 of 2019 and conctd. cases 55 APPENDIX OF WP(C) 20383/2019 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE MEMORANDUM AND ARTICLES OF ASSOCIATION OF THE COMPANY EXHIBIT P2 TRUE COPY OF THE SHARE HOLDING PATTERN OF THE COMPANY AS ON 1.10.2018 EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 11.6.2010 IN WPC NO 30599/2007 OF THIS HON'BLE COURT EXHIBIT P4 A TRUE COPY OF THE ORDER DATED 26.7.2010 OF THE STATE CHIEF INFORMATION COMMISSIONER EXHIBIT P5 TRUE COPY OF THE LETTER DATED 3.3.2014 EXHIBIT P6 TRUE COPY OF THE RESPONSE DATED 25.3.2014 EXHIBIT P7 TRUE COPY OF THE ORDER DATED 19.5.2014 OF THE APPELLATE AUTHORITY EXHIBIT P8 TRUE COPY OF THE ORDER LETTER DATED 31.1.2015 OF THE 1ST RESPONDENT EXHIBIT P9 TRUE COPY OF THE COMMON JUDGMENT Dated 19.2.2019 OF THIS HON'BLE COURT EXHIBIT P10 TRUE COPY OF THE ORDER DATED 20.6.2019 EXHIBIT P11 TRUE COPY OF THE PAGE NO 35 OF ANNUAL REPORT OF CIAL FOR 2017-18 EXHIBIT P12 TRUE COPY OF THE RELEVANT PAGES OF ANUAL REPORTS OF CIAL FOR THE YEAR 2004-05 EXHIBIT P13 TRUE COPY OF THE RELEVANT PAGES OF ANNEAL REPORTS OF CIAL FOR THE YEAR 2006-07 EXHIBIT P14 TRUE COPY OF THE RELEVANT PAGES OF ANNUAL REPORTS OF CIAL FOR THE YEAR 2009-10 WPC No.19452 of 2019 and conctd. cases 56 EXHIBIT P15 TRUE COPY OF THE RESOLUTION OF THE ANNUAL GENERAL MEETING FOR THE YEAR 2002-03 EXHIBIT P16 TRUE COPY OF THE GOVERNMENT ORDER EXHIBIT P17 TRUE COPY OF THE DETAILS OF THE INVESTMENT MADE BY THE GOVT. OF KERALA IN THE PAID UP SHARE CAPITAL OF CIAL AND GOVTS EQUITY AS AGAINST THE AUTHORIZED CAPITAL EXHIBIT P18 TRUE COPY OF THE STATEMENT SHOWING PAID UP CAPITAL, AUTHORIZED CAPITAL AND TERM LOAN AVAILED BY CIAL FOR THE FINANCIAL YEARS 1994-95 TO 2001-02.
EXHIBIT P19 TRUE COPY OF THE STATEMENT OF YEAR WISE DIVIDEND PAID BY CIAL TO THE GOVT OF KERALA EXHIBIT P20 TRUE COPY OF THE SHARE APPLICATION OF THE GOVT OF KERALA APPLYING FOR SHARES OF CIAL.
EXHIBIT P21 TRUE COPY OF THE SHARE APPLICATION OF THE GOVT OF KERALA APPLYING FOR SHARES OF CIAL EXHIBIT P22 TRUE COPY OF THE RELEVANT PAGE OF THE 1ST MEMORANDUM AND ARTICLES OF ASSOCIATION OF THE PETITIONER FILED WITH REGISTRAR OF COMPANIES CONTAINING ARTICLE 95 (1) WPC No.19452 of 2019 and conctd. cases 57 APPENDIX OF WP(C) 20452/2019 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE MEMORANDUM AND ARTICLES OF ASSOCIATION OF THE COMPANY EXHIBIT P2 TRUE COPY OF THE SHARE HOLDING PATTERN OF THE COMPANY AS ON 01.10.2018.
EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 11.06.2010 IN W.P.(C) NO.30599/2007 OF THIS HON'BLE COURT.
EXHIBIT P4 A TRUE COPY OF THE ORDER DATED 26.06.2010 OF THE STATE CHIEF INFORMATION COMMISSIONER.
EXHIBIT P5 TRUE COPY OF THE LETTER DATED 09.02.2018. EXHIBIT P6 TRUE COPY OF THE RESPONSE DATED 02.03.2018 EXHIBIT P7 TRUE COPY OF THE ORDER DATED 09.04.2018 OF THE APPELLATE AUTHORITY.
EXHIBIT P8 TRUE COPY OF THE ORDER LETTER DATED 05.10.2018 OF THE 1ST RESPONDENT.
EXHIBIT P9 TRUE COPY OF THE COMMON JUDGMENT DATED 19.02.2019 OF THIS HON'BLE COURT.
EXHIBIT P10 TRUE COPY OF THE ORDER DATED 20.06.2019. EXHIBIT P11 TRUE COPY OF THE PAGE NO.35 OF ANNUAL REPORT OF CIAL FOR 2017-18.
EXHIBIT P12 TRUE COPY OF THE RELEVANT PAGES OF ANNUAL REPORTS OF CIAL FOR THE YEAR 2004-05. EXHIBIT P13 TRUE COPY OF THE RELEVANT PAGES OF ANNUAL REPORTS OF CIAL FOR THE YEAR 2006-07. WPC No.19452 of 2019 and conctd. cases 58 EXHIBIT P14 TRUE COPY OF THE RELEVANT PAGES OF ANNUAL REPORTS OF CIAL FOR THE YEAR 2009-10. EXHIBIT P15 TRUE COPY OF THE RESOLUTIONS OF THE ANNUAL GENERAL MEETING FOR THE YEAR 2002- 03. EXHIBIT P16 TRUE COPY OF THE GOVERNMENT ORDER. EXHIBIT P17 TRUE COPY OF THE DETAILS OF THE INVESTMENT MADE BY THE GOVT. OF KERALA IN THE PAID UP SHARE CAPITAL OF CIAL AND GOVT'S EQUITY AS AGAINST THE AUTHORIZED CAPITAL.
EXHIBIT P18 TRUE COPY OF THE STATEMENT SHOWING PAID UP CAPITAL, AUTHORIZED CAPITAL AND TERM LOAN AVAILED BY CIAL FOR THE FINANCIAL YEARS 1994-95 TO 2001-02.
EXHIBIT P19 TRUE COPY OF THE STATEMENT OF YEAR WISE DIVIDEND PAID BY CIAL TO THE GOVT. OF KERALA.
EXHIBIT P20 TRUE COPY OF THE SHARE APPLICATION OF THE GOVT.OF KERALA APPLYING FOR SHARES OF CIAL.
EXHIBIT P21 TRUE COPY OF THE SHARE APPLICATION OF THE GOVT.OF KERALA APPLYING FOR SHARES OF CIAL.
EXHIBIT P22 TRUE COPY OF THE RELEVANT PAGE OF THE 1ST MEMORANDUM AND ARTICLES OF ASSOCIATION OF THE PETITIONER FILED WITH REGISTRAR OF COMPANIES CONTAINING ARTICLE 95 (1). WPC No.19452 of 2019 and conctd. cases 59 APPENDIX OF WP(C) 20280/2019 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE MEMORANDUM AND ARTICLES OF ASSOCIATION OF THE COMPANY.
EXHIBIT P2 TRUE COPY OF THE SHARE HOLDING PATTERN OF THE COMPANY AS ON 1.10.2018.
EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 11.6.2010 IN WPC NO.30599/2007 OF THIS HON'BLE COURT.
EXHIBIT P4 A TRUE COPY OF THE ORDER DATED 26.7.2010 OF THE STATE CHIEF INFORMATION COMMISSIONER.
EXHIBIT P5 TRUE COPY OF THE LETTER DATED 26.2.2014. EXHIBIT P6 TRUE COPY OF THE RESPONSE DATED 25.3.2014.
EXHIBIT P7 TRUE COPY OF THE ORDER DATED 19.5.2014 OF THE APPELLATE AUTHORITY.
EXHIBIT P8 TRUE COPY OF THE ORDER LETTER DATED 31.1.2015 OF THE IST RESPONDENT.
EXHIBIT P9 TRUE COPY OF THE COMMON JUDGMENT DATED 19.2.2019 OF THIS HON'BLE COURT.
EXHIBIT P10 TRUE COPY OF THE ORDER DATED 20.6.2019. EXHIBIT P11 TRUE COPY OF THE PAGE NO.35 OF ANNUAL REPORT OF CIAL FOR 2017-18.
EXHIBIT P12 TRUE COPY OF THE RELEVANT PAGES OF ANNUAL REPORTS OF CIAL FOR THE YEAR 2004-05. EXHIBIT P13 TRUE COPY OF THE RELEVANT PAGES OF ANNUAL REPORTS OF CIAL FOR THE YEAR 2006-07. WPC No.19452 of 2019 and conctd. cases 60 EXHIBIT P14 TRUE COPY OF THE RELEVANT PAGES OF ANNUAL REPORTS OF CIAL FOR THE YEAR 2009-10. EXHIBIT P15 TRUE COPY OF THE RESOLUTIONS OF THE ANNUAL GENERAL MEETING FOR THE YEAR 2002- 03. EXHIBIT P16 TRUE COPY OF THE GOVERNMENT ORDER. EXHIBIT P17 TRUE COPY OF THE DETAILS OF THE INVESTMENT MADE BY THE GOVT. OF KERALA IN THE PAID UP SHARE CAPITAL OF CIAL AND GOVT'S EQUITY AS AGAINST THE AUTHORIZED CAPITAL.
EXHIBIT P18 TRUE COPY OF THE STATEMENT SHOWING PAID UP CAPITAL, AUTHORIZED CAPITAL AND TERM LOAN AVAILED BY CIAL FOR THE FINANCIAL YEARS 1994-95 TO 2001-02.
EXHIBIT P19 TRUE COPY OF THE STATEMENT OF YEAR WISE DIVIDEND PAID BY CIAL TO THE GOVT. OF KERALA.
EXHIBIT P20 TRUE COPY OF THE SHARE APPLICATION OF THE GOVT. OF KERALA APPLYING FOR SHARES OF CIAL.
EXHIBIT P21 TRUE COPY OF THE SHARE APPLICATION OF THE GOVT. OF KERALA APPLYING FOR SHARES OF CIAL.
EXHIBIT P22 TRUE COPY OF COPY OF THE RELEVANT PAGE OF THE 1ST MEMORANDUM AND ARTICLES OF ASSOCIATION OF THE PETITIONER FILED WITH REGISTRAR OF COMPANIES CONTAINING ARTICLE 95(1).
WPC No.19452 of 2019 and conctd. cases 61 APPENDIX OF WP(C) 20373/2019 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE MEMORANDUM AND ARTICLES OF ASSOCIATION OF THE COMPANY EXHIBIT P2 TRUE COPY OF THE SHARE HOLDING PATTERN OF THE COMPANY AS ON 1.10.2018 EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 11.6.2010 IN WPC NO 30599/2007 OF THIS HON'BLE COURT EXHIBIT P4 A TRUE COPY OF THE ORDER DATED 26.7.2010 OF THE STATE CHIEF INFORMATION COMMISSIONER EXHIBIT P5 TRUE COPY OF THE LETTER DATED 3.3.2014 EXHIBIT P6 TRUE COPY OF THE RESPONSE DATED 25.3.2014 EXHIBIT P7 TRUE COPY OF THE ORDER DATED 19.5.2014 OF THE APPELLATE AUTHORITY EXHIBIT P8 TRUE COPY OF THE ORDER LETTER DATED 31.1.2015 OF THE 1ST RESPONDENT EXHIBIT P9 TRUE COPY OF THE COMMON JUDGMENT Dated 19.2.2019 OF THIS HON'BLE COURT EXHIBIT P10 TRUE COPY OF THE ORDER DATED 20.6.2019 EXHIBIT P11 TRUE COPY OF THE PAGE NO 35 OF ANNUAL REPORT OF CIAL FOR 2017-18 EXHIBIT P12 TRUE COPY OF THE RELEVANT PAGES OF ANUAL REPORTS OF CIAL FOR THE YEAR 2004-05 EXHIBIT P13 TRUE COPY OF THE RELEVANT PAGES OF ANNEAL REPORTS OF CIAL FOR THE YEAR 2006-07 EXHIBIT P14 TRUE COPY OF THE RELEVANT PAGES OF ANNUAL REPORTS OF CIAL FOR THE YEAR 2009-10 WPC No.19452 of 2019 and conctd. cases 62 EXHIBIT P15 TRUE COPY OF THE RESOLUTION OF THE ANNUAL GENERAL MEETING FOR THE YEAR 2002-03 EXHIBIT P16 TRUE COPY OF THE GOVERNMENT ORDER EXHIBIT P17 TRUE COPY OF THE DETAILS OF THE INVESTMENT MADE BY THE GOVT. OF KERALA IN THE PAID UP SHARE CAPITAL OF CIAL AND GOVTS EQUITY AS AGAINST THE AUTHORIZED CAPITAL EXHIBIT P18 TRUE COPY OF THE STATEMENT SHOWING PAID UP CAPITAL, AUTHORIZED CAPITAL AND TERM LOAN AVAILED BY CIAL FOR THE FINANCIAL YEARS 1994-95 TO 2001-02.
EXHIBIT P19 TRUE COPY OF THE STATEMENT OF YEAR WISE DIVIDEND PAID BY CIAL TO THE GOVT OF KERALA EXHIBIT P20 TRUE COPY OF THE SHARE APPLICATION OF THE GOVT OF KERALA APPLYING FOR SHARES OF CIAL.
EXHIBIT P21 TRUE COPY OF THE SHARE APPLICATION OF THE GOVT OF KERALA APPLYING FOR SHARES OF CIAL EXHIBIT P22 TRUE COPY OF THE RELEVANT PAGE OF THE 1ST MEMORANDUM AND ARTICLES OF ASSOCIATION OF THE PETITIONER FILED WITH REGISTRAR OF COMPANIES CONTAINING ARTICLE 95 (1) WPC No.19452 of 2019 and conctd. cases 63 APPENDIX OF WP(C) 20387/2019 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE MEMORANDUM AND ARTICLES OF ASSOCIATION OF THE COMPANY.
EXHIBIT P2 TRUE COPY OF THE SHARE HOLDING PATTERN OF THE COMPANY AS ON 1.10.2018.
EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 11.6.2010 IN WPC.NO.30599/2007 OF THIS HON'BLE COURT.
EXHIBIT P4 A TRUE COPY OF THE ORDER DATED 26.6.2010 OF THE STATE CHIEF INFORMATION COMMISSIONER.
EXHIBIT P5 TRUE COPY OF THE LETTER DATED 26.2.2014. EXHIBIT P6 TRUE COPY OF THE RESPONSE DATED 25.3.2014.
EXHIBIT P7 TRUE COPY OF THE ORDER DATED 19.5.2014 OF THE APPELLATE AUTHORITY.
EXHIBIT P8 TRUE COPY OF THE ORDER LETTER DATED 31.1.2015 OF THE 1ST RESPONDENT.
EXHIBIT P9 TRUE COPY OF THE COMMON JUDGMENT DATED 19.2.2019 OF THIS HON'BLE COURT.
EXHIBIT P10 TRUE COPY OF THE ORDER DATED 20.6.2019. EXHIBIT P11 TRUE COPY OF THE PAGE NO.35 OF ANNUAL REPORT OF CIAL FOR 2017-18.
EXHIBIT P12 TRUE COPY OF THE RELEVANT PAGES OF ANNUAL REPORTS OF CIAL FOR THE YEAR 2004-05. EXHIBIT P13 TRUE COPY OF THE RELEVANT PAGES OF ANNUAL REPORTS OF CIAL FOR THE YEAR 2006-07. WPC No.19452 of 2019 and conctd. cases 64 EXHIBIT P14 TRUE COPY OF THE RELEVANT PAGES OF ANNUAL REPORTS OF CIAL FOR THE YEAR 2009-10. EXHIBIT P15 TRUE COPY OF THE RESOLUTIONS OF THE ANNUAL GENERAL MEETING FOR THE YEAR 2002- 03. EXHIBIT P16 TRUE COPY OF THE GOVERNMENT ORDER. EXHIBIT P17 TRUE COPY OF THE DETAILS OF THE INVESTMENT MADE BY THE GOVT. OF KERALA IN THE PAID UP SHARE CAPITAL OF CIAL AND GOVT'S EQUITY AS AGAINST THE AUTHORIZED CAPITAL.
EXHIBIT P18 TRUE COPY OF THE STATEMENT SHOWING PAID UP CAPITAL, AUTHORIZED CAPITAL AND TERM LOAN AVAILED BY CIAL FOR THE FINANCIAL YEARS 1994-95 TO 2001-02.
EXHIBIT P19 TRUE COPY OF THE STATEMENT OF YEAR WISE DIVIDEND PAID BY CIAL TO THE GOVT. OF KERALA.
EXHIBIT P20 TRUE COPY OF THE SHARE APPLICATION OF THE GOVT. OF KERALA APPLYING FOR SHARES OF CIAL.
EXHIBIT P21 TRUE COPY OF THE SHARE APPLICATION OF THE GOVT. OF KERALA APPLYING FOR SHARES OF CIAL.
EXHIBIT P22 TRUE COPY OF THE RELEVANT PAGE OF THE 1ST MEMORANDUM AND ARTICLES OF ASSOCIATION OF THE PETITIONER FILED WITH REGISTRAR OF COMPANIES CONTAINING ARTICLE 95(1). WPC No.19452 of 2019 and conctd. cases 65 APPENDIX OF WP(C) 20432/2019 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE MEMORANDUM AND ARTICLES OF ASSOCIATION OF THE COMPANY EXHIBIT P2 TRUE COPY OF THE SHARE HOLDING PATTERN OF THE COMPANY AS ON 1.10.2018 EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 11.6.2010 IN WPC NO 30599/2007 OF THIS HON'BLE COURT EXHIBIT P4 A TRUE COPY OF THE ORDER DATED 26.7.2010 OF THE STATE CHIEF INFORMATION COMMISSIONER EXHIBIT P5 TRUE COPY OF THE LETTER DATED 3.1.2014 EXHIBIT P6 TRUE COPY OF THE RESPONSE DATED 28.2.2014 EXHIBIT P7 TRUE COPY OF THE ORDER DATED 4.4.2014 OF THE APPELLATE AUTHORITY EXHIBIT P8 TRUE COPY OF THE ORDER LETTER DATED 12.12.2014 OF THE 1ST RESPONDENT EXHIBIT P9 TRUE COPY OF THE COMMON JUDGMENT DATED 19.2.2019 OF THIS HON'BLE COURT EXHIBIT P10 TRUE COPY OF THE ORDER DATED 20.6.2019 EXHIBIT P11 TRUE COPY OF THE PAGE NO 35 OF ANNUAL REPORT OF CIAL FOR 2017-18 EXHIBIT P12 TRUE COPY OF THE RELEVANT PAGES OF ANNUAL REPORTS OF CIAL FOR THE YEAR 2004-05 EXHIBIT P13 TRUE COPY OF THE RELEVANT PAGES OF ANNEAL REPORTS OF CIAL FOR THE YEAR 2006-07 EXHIBIT P14 TRUE COPY OF THE RELEVANT PAGES OF ANNUAL REPORTS OF CIAL FOR THE YEAR 2009-10 WPC No.19452 of 2019 and conctd. cases 66 EXHIBIT P15 TRUE COPY OF THE RESOLUTION OF THE ANNUAL GENERAL MEETING FOR THE YEAR 2002-03 EXHIBIT P16 TRUE COPY OF THE GOVERNMENT ORDER EXHIBIT P17 TRUE COPY OF THE DETAILS OF THE INVESTMENT MADE BY THE GOVT. OF KERALA IN THE PAID UP SHARE CAPITAL OF CIAL AND GOVTS EQUITY AS AGAINST THE AUTHORIZED CAPITAL EXHIBIT P18 TRUE COPY OF THE STATEMENT SHOWING PAID UP CAPITAL, AUTHORIZED CAPITAL AND TERM LOAN AVAILED BY CIAL FOR THE FINANCIAL YEARS 1994-95 TO 2001-02.
EXHIBIT P19 TRUE COPY OF THE STATEMENT OF YEAR WISE DIVIDEND PAID BY CIAL TO THE GOVT OF KERALA EXHIBIT P20 TRUE COPY OF THE SHARE APPLICATION OF THE GOVT OF KERALA APPLYING FOR SHARES OF CIAL.
EXHIBIT P21 TRUE COPY OF THE SHARE APPLICATION OF THE GOVT OF KERALA APPLYING FOR SHARES OF CIAL EXHIBIT P22 TRUE COPY OF THE RELEVANT PAGE OF THE 1ST MEMORANDUM AND ARTICLES OF ASSOCIATION OF THE PETITIONER FILED WITH REGISTRAR OF COMPANIES CONTAINING ARTICLE 95 (1) WPC No.19452 of 2019 and conctd. cases 67 APPENDIX OF WP(C) 20497/2019 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE MEMORANDUM AND ARTICLES OF ASSOCIATION OF THE COMPANY EXHIBIT P2 TRUE COPY OF THE SHARE HOLDING PETTERN OF THE COMPANY AS ON 01.10.2018 EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 11.06.2010 IN W.P(c)NO.30599/2017 OF THIS HON'BLE COURT EXHIBIT P4 A TRUE COPY OF THE ORDER DATED 26.07.2010 OF THE STATE CHIEF INFORMATION COMMISSIONER EXHIBIT P5 TRUE COPY OF THE LETTER DATED 03.03.2014 EXHIBIT P6 TRUE COPY OF THE RESPONSE DATED 25.03.2014 EXHIBIT P7 TRUE COPY OF THE ORDER DATED 19.05.2014 OF THE APPELLATE AUTHORITY EXHIBIT P8 TRUE COPY OF THE ORDER LETTER DATED 31.01.2015 OF THE 1ST RESPONDENT EXHIBIT P9 TRUE COPY OF THE COMMON JUDGMENT DATED 19.02.2019 OF THIS HON'BLE COURT EXHIBIT P10 TRUE COPY OF THE ORDER DATED 20.06.2019 EXHIBIT P11 TRUE COPY OF THE PAGE NO.35 OF ANNUAL REPORT OF CIAL FOR 2017-18 EXHIBIT P12 TRUE COPY OF THE RELEVANT PAGES OF ANNUAL REPORTS IN CIAL FOR THE YEAR 2004-05 EXHIBIT P13 TRUE COPY OF THE RELEVANT PAGES OF ANNUAL REPORTS OF CIAL FOR THE YEAR 2006-07 WPC No.19452 of 2019 and conctd. cases 68 EXHIBIT P14 TRUE COPY OF THE RELEVANT PAGES OF ANNUAL REPORTS OF CIAL FOR THE YEAR 2009-10 EXHIBIT P15 TRUE COPY OF THE RESOLUTIONS OF THE ANNUAL GENERAL MEETING FOR THE YEAR 2002- 03 EXHIBIT P16 TRUE COPY OF THE GOVERNMENT ORDER EXHIBIT P17 TRUE COPY OF THE DETAILS OF THE INVESTMENT MADE BY THE GOVT.OF KERALA IN THE PAID UP SHARE CAPITAL OF CIAL AND GOVT'S EQUITY AS AGAINST THE AUTHORIZED CAPITAL EXHIBIT P18 TRUE COPY OF THE STATEMENT SHOWING PAID UP CAPITAL,AUTHORIZED CAPITAL AND TERM LOAN AVAILED BY CIAL FOR THE FINANCIAL YEARS 1994-95 TO 2001-02.
EXHIBIT P19 TRUE COPY OF THE STATEMENT OF YEAR WISE DIVIDEND PAID BY CIAL TO THE GOVT.OF KERALA EXHIBIT P20 TRUE COPY OF THE SHARE APPLICATION OF THE GOVT.OF KERALA APPLYING FOR SHARES OF CIAL EXHIBIT P21 TRUE COPY OF THE SHARE APPLICATION OF THE GOVT.OF KERALA APPLYING FOR SHARES OF CIAL EXHIBIT P22 TRUE COPY OF COPY OF THE RELEVANT PAGE OF THE 1ST MEMORANDUM AND ARTICLES OF ASSOCIATION OF THE PETITIONER FILED WITH REGISTRAR OF COMPANIES CONTAINING ARTICLE 95 (1).
WPC No.19452 of 2019 and conctd. cases 69 APPENDIX OF WP(C) 20435/2019 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE MEMORANDUM AND ARTICLES OF ASSOCIATION OF THE COMPANY.
EXHIBIT P2 TRUE COPY OF THE SHARE HOLDING PATTERN OF THE COMPANY AS ON 1.10.2018 EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 11.6.2010 IN WPC NO. 30599/2007 OF THIS HONBLE COURT.
EXHIBIT P4 A TRUE COPY OF THE ORDER DATED 26.7.2010 OF THE STATE CHIEF INFORMATION COMMISSIONER.
EXHIBIT P5 TRUE COPY OF THE LETTER DATED 26.2.2014 EXHIBIT P6 TRUE COPY OF THE RESPONSE DATED 25.3.2014 EXHIBIT P7 TRUE COPY OF THE ORDER DATED 20.5.2014 OF THE APPELLATE AUTHORITY.
EXHIBIT P8 TRUE COPY OF THE ORDER DATED 31.1.2015 OF THE 1ST RESPONDENT.
EXHIBIT P9 TRUE COPY OF THE COMMON JUDGMENT DATED 19.2.2019 OF THIS HONBLE COURT.
EXHIBIT P10 TRUE COPY OF THE ORDER DATED 20.6.2019 EXHIBIT P11 TRUE COPY OF THE PAGE NO. 35 OF ANNUAL REPORT OF CIAL FOR 2017 -18 EXHIBIT P12 TRUE COPY OF THE RELEVANT PAGES OF ANNUAL REPORT OF CIAL FOR THE YEAR 2004-05 EXHIBIT P13 TRUE COPY OF THE RELEVANT PAGES OF ANNUAL REPORTS OF CIAL FOR THE YEAR 2006-07 EXHIBIT P14 TRUE COPY OF THE RELEVANT PAGES OF ANNUAL REPORTS OF CIAL FOR THE YEAR 2009-10 WPC No.19452 of 2019 and conctd. cases 70 EXHIBIT P15 TRUE COPY OF THE RESOLUTIONS OF THE ANNUAL GENERAL MEETING FOR THE YEAR 2002- 03 EXHIBIT P16 TRUE COPY OF THE GOVERNMENT ORDER. EXHIBIT P17 TRUE COPY OF THE DETAILS OF THE INVESTMENT MADE BY THE GOVT. OF KERALA IN THE PAID UP SHARE CAPITAL OF CIAL AND GOVT'S EQUITY AS AGAINST THE AUTHORIZED CAPITAL.
EXHIBIT P18 TRUE COPY OF THE STATEMENT SHOWING PAID UP CAPITAL, AUTHORIZED CAPITAL AND TERM LOAN AVAILED BY CIAL FOR THE FINANCIAL YEARS 1994-95 TO 2001-02.
EXHIBIT P19 TRUE COPY OF THE STATEMENT OF YEAR WISE DIVIDED PAID BY CIAL TO THE GOVT. OF KERALA EXHIBIT P20 TRUE COPY OF THE SHARE APPLICATION OF THE GOVT. OF KERALA APPLYING FOR SHARES OF CIAL.
EXHIBIT P21 TRUE COPY OF THE SHARE APPLICATION OF THE GOVT. OF KERALA APPLYING FOR SHARES OF CIAL.
EXHIBIT P22 TRUE COPY OF THE RELEVANT PAGE OF THE 1ST MEMORANDUM AND ARTICLES OF ASSOCIATION OF THE PETITIONER FIELD WITH REGISTRAR OF COMPANEIS CONTAINING ARTICLES 95 (1) WPC No.19452 of 2019 and conctd. cases 71 APPENDIX OF WP(C) 20528/2019 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE MEMORANDUM AND ARTICLES OF ASSOCIATION OF THE COMPANY.
EXHIBIT P2 TRUE COPY OF THE SHARE HOLDING PATTERN OF THE COMPANY AS ON 01/10/2018.
EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 11/06/2010 IN W.P(C) NO.30599/2007 OF THIS HON'BLE COURT.
EXHIBIT P4 A TRUE COPY OF THE ORDER DATED 26/07/2010 OF THE STATE CHIEF INFORMATION COMMISSIONER.
EXHIBIT P5 TRUE COPY OF THE LETTER DATED 26/02/2014. EXHIBIT P6 TRUE COPY OF THE RESPONSE DATED 25/03/2014.
EXHIBIT P7 TRUE COPY OF THE ORDER DATED 19/05/2014 OF THE APPELLATE AUTHORITY.
EXHIBIT P8 TRUE COPY OF THE ORDER LETTER DATED 31/01/2015 OF THE 1ST RESPONDENT.
EXHIBIT P9 TRUE COPY OF THE COMMON JUDGMENT DATED 19/02/2019 OF THIS HON'BLE COURT.
EXHIBIT P10 TRUE COPY OF THE ORDER DATED 20/06/2019. EXHIBIT P11 TRUE COPY OF THE PAGE NO.35 OF ANNUAL REPORT OF CIAL FOR 2017-18.
EXHIBIT P12 TRUE COPY OF THE RELEVANT PAGES OF ANNUAL REPORTS IN CIAL FOR THE YEAR 2004-05. EXHIBIT P13 TRUE COPY OF THE RELEVANT PAGES OF ANNUAL REPORTS OF CIAL FOR THE 2006-07.
WPC No.19452 of 2019 and conctd. cases 72 EXHIBIT P14 TRUE COPY OF THE RELEVANT PAGES OF ANNUAL REPORTS OF CIAL FOR THE YEAR 2009-10. EXHIBIT P15 TRUE COPY OF THE RESOLUTIONS OF THE ANNUAL GENERAL MEETING FOR THE YEAR 2002- 03. EXHIBIT P16 TRUE COPY OF THE GOVERNMENT ORDER. EXHIBIT P17 TRUE COPY OF THE DETAILS OF THE INVESTMENT MADE BY THE GOVT. OF KERALA IN THE PAID UP SHARE CAPITAL OF CIAL AND GOVT'S EQUITY AS AGAINST THE AUTHORIZED CAPITAL.
EXHIBIT P18 TRUE COPY OF THE STATEMENT SHOWING PAID UP CAPITAL, AUTHORIZED CAPITAL AND TERM LOAN AVAILED BY CIAL FOR THE FINANCIAL YEARS 1994-95 TO 2001-02.
EXHIBIT P19 TRUE COPY OF THE STATEMENT OF YEAR WISE DIVIDEND PAID BY CIAL TO THE GOVT. OF KERALA.
EXHIBIT P20 TRUE COPY OF THE SHARE APPLICATION OF THE GOVT. OF KERALA APPLYING FOR SHARES OF CIAL.
EXHIBIT P21 TRUE COPY OF THE SHARE APPLICATION OF THE GOVT. OF KERALA APPLYING FOR SHARES OF CIAL.
EXHIBIT P22 TRUE COPY OF THE RELEVANT PAGE OF THE 1ST MEMORANDUM AND ARTICLES OF ASSOCIATION OF THE PETITIONER FILED WITH REGISTRAR OF COMPANIES CONTAINING ARTICLE 95(1). WPC No.19452 of 2019 and conctd. cases 73 APPENDIX OF WP(C) 20462/2019 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE MEMORANDUM AND ARTICLES OF ASSOCIATION OF THE COMPANY EXHIBIT P2 TRUE COPY OF THE SHARE HOLDING PATTERN OF THE COMPANY AS ON 1.10.2018 EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 11.6.2010 IN WPC NO 30599/2007 OF THIS HON'BLE COURT EXHIBIT P4 A TRUE COPY OF THE ORDER DATED 26.7.2010 OF THE STATE CHIEF INFORMATION COMMISSIONER EXHIBIT P5 TRUE COPY OF THE LETTER DATED 26.2.2014 EXHIBIT P6 TRUE COPY OF THE RESPONSE DATED 25.3.2014 EXHIBIT P7 TRUE COPY OF THE ORDER DATED 19.5.2014 OF THE APPELLATE AUTHORITY EXHIBIT P8 TRUE COPY OF THE ORDER LETTER DATED 31.1.2015 OF THE 1ST RESPONDENT EXHIBIT P9 TRUE COPY OF THE COMMON JUDGMENT DATED 19.2.2019 OF THIS HON'BLE COURT EXHIBIT P10 TRUE COPY OF THE ORDER DATED 20.6.2019 EXHIBIT P11 TRUE COPY OF THE PAGE NO 35 OF ANNUAL REPORT OF CIAL FOR 2017-18 EXHIBIT P12 TRUE COPY OF THE RELEVANT PAGES OF ANNUAL REPORTS OF CIAL FOR THE YEAR 2004-05 EXHIBIT P13 TRUE COPY OF THE RELEVANT PAGES OF ANNEAL REPORTS OF CIAL FOR THE YEAR 2006-07 EXHIBIT P14 TRUE COPY OF THE RELEVANT PAGES OF ANNUAL REPORTS OF CIAL FOR THE YEAR 2009-10 WPC No.19452 of 2019 and conctd. cases 74 EXHIBIT P15 TRUE COPY OF THE RESOLUTIONS OF THE ANNUAL GENERAL MEETING FOR THE YEAR 2002- 03 EXHIBIT P16 TRUE COPY OF THE GOVERNMENT ORDER EXHIBIT P17 TRUE COPY OF THE DETAILS OF THE INVESTMENT MADE BY THE GOVT. OF KERALA IN THE PAID UP SHARE CAPITAL OF CIAL AND GOVTS EQUITY AS AGAINST THE AUTHORIZED CAPITAL EXHIBIT P18 TRUE COPY OF THE STATEMENT SHOWING PAID UP CAPITAL, AUTHORIZED CAPITAL AND TERM LOAN AVAILED BY CIAL FOR THE FINANCIAL YEARS 1994-95 TO 2001-02.
EXHIBIT P19 TRUE COPY OF THE STATEMENT OF YEAR WISE DIVIDEND PAID BY CIAL TO THE GOVT OF KERALA EXHIBIT P20 TRUE COPY OF THE SHARE APPLICATION OF THE GOVT OF KERALA APPLYING FOR SHARES OF CIAL.
EXHIBIT P21 TRUE COPY OF THE SHARE APPLICATION OF THE GOVT OF KERALA APPLYING FOR SHARES OF CIAL EXHIBIT P22 TRUE COPY OF THE RELEVANT PAGE OF THE 1ST MEMORANDUM AND ARTICLES OF ASSOCIATION OF THE PETITIONER FILED WITH REGISTRAR OF COMPANIES CONTAINING ARTICLE 95 (1) WPC No.19452 of 2019 and conctd. cases 75 APPENDIX OF WP(C) 19452/2019 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE ORDER DTD. 02/12/2016 ISSUED BY THE SPIO OF THE 2ND RESPONDENT. EXHIBIT P2 TRUE COPY OF THE ORDER DTD. 12/01/2017 ISSUED BY THE APPELLATE AUTHORITY UNDER THE RTI ACT, CIAL.
EXHIBIT P3 TRUE COPY OF THE APPEAL DTD. 20/03/2017 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED 09/11/2018 IN WP(C) NO.36424/2018 ON THE FILES OF THIS HON'BLE COURT.
EXHIBIT P5 TRUE COPY OF THE ARGUMENT NOTE SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.
EXHIBIT P6 TRUE COPY OF ORDER DATED 18/02/2019 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P7 TRUE COPY OF ORDER DATED 20/06/2019 ISSUED BY THE 1ST RESPONDENT.