Petitioner seeks cancellation of a toll collection agreement due to reduced traffic. Court directs Chief Engineer to examine the Commissioner's report and decide on relief within eight weeks.
Directs the third respondent to examine the petitioner's claim for relief and take a decision within eight weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE ANTONY DOMINIC
FRIDAY, THE 14TH OCTOBER 2011 / 22ND ASWINA 1933
WP(C).No. 4654 of 2011(F)
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PETITIONER:
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P.K.RAJAN, S/O.GOVINDAN, ADARSH NIVAS, CHERUMAVILAYI.P.O., KANNUR DISTRICT.
BY ADV. SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA
RESPONDENTS:
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1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT, THIRUVANANTHAPURAM. PIN-695001
2. DISTRICT COLLECTOR, KANNUR-670001
3. THE CHIEF ENGINEER, P.W.D. ROADS DIVISION, THIRUVANANTHAPURAM-695001
4. THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, KANNUR-670001
R1 TO R4 BY GOVT. PLEADER, SRI.JOSEPH GEORGE
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
MM
WP(C).No. 4654 of 2011(F)
APPENDIX
PETITIONER'S EXHIBITS:
WP(C).No. 4654 of 2011(F) --2---
P14 COPY OF THE COMMUNICATION DATED 30-1-2011 ISSUED BY THE RESPONDENT
P15 COPY OF THE LETTER DATED 22-12-2010 PASSED BY THE 4th RESPONDENT
/TRUE COPY/
P.A. TO JUDGE
MM
ANTONY DOMINIC, J.
W.P.(C) No. 4654 of 2011 F
Dated this the 14th day of October, 2011
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Ext.P1 is an agreement entered into between the petitioner and the fourth respondent whereby the right to collect toll at the Mammakunnu kadavu bridge in Kannur district for the period from 01.04.2010 to 31.03.2011 was awarded to the petitioner for a sum of `10,12,345/-, to be paid in 24 instalments.
W.P.(C) No.4654/2011
: 2 :
W.P.(C) No.4654/2011
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decision in the matter duly adverting to the recommendations of the fourth respondent as contained in Ext.P15 report.
Therefore, I dispose of this writ petition, directing that the third respondent to whom Ext.P15 report has been made by the fourth respondent, to examine the claim of the petitioner for relief in view of the reduction in the vehicular traffic. On that basis, a decision in the matter will be taken by the third respondent. This shall be done as expeditiously as possible and at any rate, within eight weeks from the date of production of a copy of this judgment along with a copy of the writ petition. It is also directed that before a final decision is taken as above, notice will be given to the petitioner also.
Sd/- (ANTONY DOMINIC, JUDGE)
aks/14/10
// True Copy //
P.A. To Judge
1 issue framed by the court
Whether the Chief Engineer should examine the petitioner's claim for relief due to reduction in vehicular traffic affecting toll collection.
1 provisions across 1 enactments
P.K.RAJAN
STATE OF KERALA
DISTRICT COLLECTOR, KANNUR
THE CHIEF ENGINEER
THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, KANNUR
ANTONY DOMINIC
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
