IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 10TH AUGUST 2010 / 19TH SRAVANA 1932 WP(C).No. 14217 of 2007(P) -------------------------------------- PETITIONER: ------------------- JOSEPH GEORGE, MANAVATHU BUILDINGS, VII/60D, KANIYAMPUZHA, EROOR P.O., COCHIN-682 306. BY ADV. SMT.MARY BENJEMIN. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT (ROADS & BRIDGES), GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. CHIEF ENGINEER, PWD (ROADS & BRIDGES AND IT), PUBLIC OFFICE, MUSEUM P.O., THIRUVANANTHAPURAM-695 033. 3. THE ASSISTANT EXECUTIVE ENGINEER, ROADS & BRIDGES ENK (PWD) OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER, ROADS & BRIDGES, KAKKANADU, ERNAKULAM. 4. T.N. SIRAJ, TOLL OPERATOR, KANIYAMPUZHA BRIDGE, EROOR P.O., COCHIN-682306, KONGORPALLIL, PANANGADU P.O., COCHIN-682506. R1 TO R3 BY BY GOVERNMENT PLEADER SRI. M.A. ASIF. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/08/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.14217/2007-P: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE REPRESENTATION SUBMITTED TO RESPONDENTS 1-3 BY THE PETITIONER DT. 26/04/07. EXT.P.2: COPY OF THE RECEIPT ISSUED BY THE R.4. EXT.P.3: COPY OF THE REQUEST DT. 28/05/2007 MADE BY THE PETITIONER BEFORE THE R.3. EXT.P.4: COPY OF THE PROCEEDINGS DTD. 20/06/2007 OF THE R.3. EXT.P.5: COPY OF THE SKETCH SHOWING THE NATURE AND LIE OF THE BRIDGE. EXT.P.6: COPY OF THE PHOTOGRAPHS OF THE KANIYAMPUZHA BRIDGE TOLL. RESPONDENTS' EXHIBITS: EXT.R3.A: COPY OF THE STATEMENT DETAILING THE PAYMENT MADE TOWARDS LAND ACQUISTION CHARGES FOR KANIYAMPUZHA BRIDGE. EXT.R3.B: COPY OF THE RELEVANT PAGES OF THE MEASUREMENT BOOK RELATING TO THE CONSTRUCTION OF KANIYAMPUZHA BRIDGE. //TRUE COPY// P.A. TO JUDGE. Prv. S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 14217 of 2007 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of August, 2010 J U D G M E N T The petitioner has filed this writ petition challenging the continued collection of toll from the Kaniyampuzha bridge at Vyttila in Ernakulam District. According to the petitioner, no toll shall be collected on those bridges whose construction cost is less than Rupees 100 lakhs. Petitioner submits that, the construction cost of the Kaniyampuzha bridge is less than rupees 100 lakhs and still the respondents are collecting toll in respect of the bridge. Petitioner therefore seeks the following reliefs: “a. to call for the entire records of this case. b. to issue an order of certiorari or other appropriate writ, direction or orders quashing any orders if passed by respondents 1-3 granting permission to the 4th respondent to collect toll on Kaniyampuzha bridge. c. to issue an order of declaration declaring that no toll should have been collected on Kaniyampuzha bridge since 7.1.2004. d. to issue a writ of Mandamus, Writ or directions directing the respondents to return the amount of Toll collected since 7.1.2004.” W.P.(C)No. 14217 of 2007 -2- 2. A counter affidavit has been filed by the 2nd respondent, in which it is stated that the cost of construction of this bridge is above Rs.100 lakhs. On 05.04.2010 this court passed the following interim order: “Pursuant to the direction issued by this court, the 2nd respondent has filed a counter affidavit. The learned counsel for the petitioner submitted that the respondents cannot collect the toll indefinitely without fixing any time limit. As is clear from paragraph No.6 of the counter affidavit, now the Government is in seisin of the matter and it is submitted that various matters concerning the collection of toll is pending before the Government and a decision is awaited. Therefore, appropriate orders will be passed by the Government within two months.” Again on 08/07/2010 the following interim order was passed: “Post on 23/7/10, by which time the Govt. Pleader shall positively get instructions as to the decision of the State whether to continue the toll collection or not, failing which an interim order would be passed in this writ petition.” Still again on 23.07.2010 another interim order was passed as follows: “Government Pleader submits that a provisional decision has been taken to stop the toll collection against which this writ petition is filed and that the matter would be placed before the Cabinet next week for a final decision.” 3. The learned Government Pleader now submits that, the Government has taken a decision on principle to W.P.(C)No. 14217 of 2007 -3- discontinue the collection of the toll in respect of the said bridge and further that from 21.07.2010 onwards no toll is being collected in respect of that bridge. This is recorded and the writ petition is closed. S. SIRI JAGAN JUDGE shg/