IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 9TH JUNE 2010 / 19TH JYAISTHA 1932 WP(C).No. 438 of 2009(B) ------------------------------- PETITIONER: --------------- T.K.BASHEER, THONIKKADAVIL HOUSE, SHORNUR-2. BY ADV. MR.V.G.SANKARAN RESPONDENTS: --------------- 1. GOVERNMENT OF KERALA, REPRESENTED BY ADDITIONAL SECRETARY, PUBLIC WORKS DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT,ROADS & BRIDGES,THIRUVANANTHAPURAM. 3. THE SUPERINTENDING ENGINEER,PWD, ROADS AND BRIDGES, NORTH CIRCLE, KOZHIKODE-1. MR.K. RAMESH - GOVERNMENT PLEADER FOR R1 TO 3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 438 of 2009 PETITIONER'S EXHIBITS EXT.P1: COPY OF AGREEMENT FOR COLLECTION OF TOLL FOR THE PERIOD FROM 1.4.99 TO 31.3.2000. EXT.P1(a): COPY OF SCHEDULE ATTACHED TO EXT.P1. EXT.P2: COPY OF JUDGMENT IN W.P.(C)NO.14219/2006 DTD 25.10.06. EXT.P3: COPY OF REPRESENTATION PREFERED BY THE PETITIONER DTD 8.11.2006. EXT.P4: COPY OF JUDGMENT IN W.P.(C)NO.27533/08 DTD 19.9.2008. EXT.P5: COPY OF ORDER OF THE R1 DTD 12.4.07. EXT.P6: COPY OF COMMUNICATION ISSUED BY THE REVENUE (H) DEPARTMENT DATED 17.11.08. EXT.P7: COPY OF NOTICE ISSUED BY TAHSILDAR, OTTAPALAM DTD 2.2009. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------ W.P.(C) No.438 OF 2009 ------------------------------- Dated this the 9th day of JUNE, 2010 J U D G M E N T The petitioner was a successful tenderer for collecting toll from Kalluthankadavu – Mankavu Bridges for the period from 1/4/1999 to 31/3/2000. The total tender amount was Rs.46,01,786/-. But the toll booth for toll collection was handed over to the petitioner only on 5/6/99. Therefore, the petitioner was granted a remission of Rs.8,18,900/- on the contract amount. The petitioner’s grievance in this writ petition is that now the petitioner has been directed to pay amounts without taking into account the remission of Rs.8,18,900/- earlier given. It is under the above circumstances, the petitioner has filed this writ petition seeking the following reliefs: “i) call for the records leading to Ext.P5 and quash the same by the issue of a writ in the nature of certiorari or any other such appropriate writ order of direction; ii) issue a writ in the nature of mandamus commanding the 1st respondent to re-consider Ext.P3 and dispose of the same after hearing the petitioner” A counter affidavit has been filed, in which it has been W.P.(c)No.438/09 2 stated that what has been demanded now is not the amount given as remission but only the defaulted five instalments, which the petitioner is liable to pay. In view of the specific statement in the counter affidavit, there is no merit in the writ petition and accordingly, the same is dismissed. S. SIRI JAGAN, JUDGE acd W.P.(c)No.438/09 3