IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL THURSDAY, THE 22ND DECEMBER 2011 / 1ST POUSHA 1933 WP(C).No. 33005 of 2011(A) -------------------------- PETITIONER(S): --------------- D.SISUPALAN, AGED 43 YEARS, S/O.DIVAKARAN, PUNNAMOOTTIL THEKKETHIL, MANNAKAD P.O., THODUPUZHA. BY ADV. SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN RESPONDENT(S): --------------- 1. DIRECTOR GENERAL OF POLICE (LAW & ORDER), POLICE HEADQUARTERS, THIRUVANANTHAPURAM-695001. 2. THE ROADS AND BRIDGES DEVELOPMENT CORPORATION OF KERALA LTD., COCHIN-682025, REPRESENTED BY ITS MANAGING DIRECTOR. 3. SUPERINTENDENT OF POLICE, OFFICE OF THE SUPERINTENDENT OF POLICE, THRISSUR-680001. 4. CIRCLE INSPECTOR OF POLICE, VADAKKANCHERY POLICE STATION, THRISSUR DISTRICT-680001. 5. SUB INSPECTOR OF POLICE, VADAKKANCHERY POLICE STATION, THRISSUR DISTRICT-680001. 6. SWATANTRA DRIVERS' ASSOCIATION, ATHANI, THRISSUR DISTRICT-680 001, REP. BY ITS SECRETARY. 7. THE PRIVATE BUS OWNER'S ASSOCIATION, MANJANGAD, PERINGANDOOR, MEDICAL COLLEGE, THRISSUR, PIN-680001, REPRESENTED BY ITS SECRETARY MR.MANIKUTTAN. ADV. SRI.SHOBY K.FRANCIS FOR R6 SRI.C.A.ANOOP FOR R7 G.P.SRI.SHYSON P. MANGUZHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. HARILAL,JJ. .................................................................... W.P.(C).NO.33005 OF 2011 ................................................................... Dated this the 22nd day of December, 2011. JUDGMENT Harilal, J. The petitioner is a successful bidder who got the right to collect toll from 25.10.11 to 24.10.2012 from the motor vehicles using railway over bridge at Athani. The Road and Bridges Development Corporation was authorised by the Government to call for tender to collect the user fee as prescribed by the Government and Ext.P1 notification dated 19.4.2010 was issued to that effect. Auction was conducted pursuant to Ext.P1 notification. The petitioner has spent huge amount and deposited Rs.2,50,000/- towards the bid amount and the petitioner is paying amount as per the directions of the 2nd respondent without fail and Ext.P3 is the agreement entered between the petitioner and the 2nd respondent on 24.10.2011. Thus, according to the petitioner, he has the right to collect toll fee from the vehicles plying through the railway over bridge at Athani. 2. Now the grievance of the petitioner is that when his employees started collecting the toll, the 6th respondent W.P.(C).NO.33005 OF 2011 : 2 : and members of their association came to the toll booth and threatened the employees of the petitioner that they will not pay toll to the petitioner. Aggrieved by the threat caused by the members of 6th and 7th respondent associations, the petitioner filed a complaint before the 4th and 5th respondents for sufficient police protection to collect the fee from the toll booth. But no action had been taken on Ext.P6 compliant filed by the petitioner. Thereafter the petitioner filed a complaint before the 3rd respondent to grant police protection to the life of the petitioner and his employees and also to redress his grievance. But no action has been taken by the 3rd respondent also. 3. The counsel for the 7th respondent filed a counter affidavit contending that as per Ext.P1 notification ambulance and the emergency vehicles carrying critical stage patients are not exempted from paying toll but VIP vehicles are exempted. According to him, Ext.P1 is now under challenge. According to the 7th respondent, since toll booth is situated in Mandanthikode panchayat, the panchayat is not made a party to the proceedings and toll booth building is an unauthorised W.P.(C).NO.33005 OF 2011 : 3 : construction which is not numbered in the panchayat. The counsel further submits that Ext.P1 is under challenge before this Court in WPC.No.34912/11. 4. On going by the contentions in the counter affidavit, it could be seen that Ext.P1 is under challenge only. Therefore at present Ext.P1 stands in currency. So long as Ext.P1 stands valid, the petitioner has the right to collect toll in accordance with Ext.P3 agreement. Therefore, we are inclined to grant protection to collect toll in accordance with Ext.P3. In the result, respondents 3 to 5 are directed to grant adequate protection to the life of the petitioner and his employees to collect toll as per Ext.P3 agreement. We make it clear that this order will be subject to the order that may be passed in W.P.(C)No.34912/11 pending before this Court. If any order staying Ext.P1 is passed in the above writ petition, this order will stand automatically vacated. If the booth in question is removed pursuant to any order passed by the Tribunal, then also these directions will stand W.P.(C).NO.33005 OF 2011 : 4 : withdrawn. The writ petition is allowed accordingly. PIUS C. KURIAKOSE, JUDGE. K. HARILAL, JUDGE. cl