IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 17TH JANUARY 2011 / 27TH POUSHA 1932 WP(C).No. 569 of 2011(U) ------------------------------------ PETITIONER(S): ----------------------- K.M.AJAYAKUMAR, AGED 48 YEARS, S/O. KUNHIKANNAN, KRISHNAKRIPA, KOVUTHALA, MALAPATTOM.P.O., KANNUR. BY ADVS. SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA SMT.RASHMI RAVINDRAN SMT.D.S.THUSHARA RESPONDENT(S): -------------------------- 1. THE EXECUTIVE ENGINEER,PWD ROAD DIVISION, KANNUR.PIN- 670 003 2. THE ASSISTANT EXECUTIVE ENGINEER, PWD ROAD SUB DIVISION, THALIPARAMBA. 670 141 3. THE ASSISTANT ENGINEER, ROAD SUB DIVISION, THALIPARAMBA.PIN- 670 141 R1 TO R3 BY GOVERNMENT PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts ANTONY DOMINIC, J. ------------------------- W.P (C) No.569 of 2011 -------------------------- Dated this the 17th January, 2011 J U D G M E N T Petitioner is a contractor for collection of toll from Malapattom Munambukadavu bridge in Kannur district for the period from 1.3.2010 to 31.3.2011. For various reasons, either toll could not be collected or the collection of toll was substantially reduced. Therefore he made Ext.P3 representation to the 1st respondent for cancellation of the agreement. It is stated that on receipt of Ext.P3, the 1st respondent called for a report from the 3rd respondent. There was no further progress in the matter. While so he was issued with Ext.P5 calling upon him to remit the entire dues and informing that on failure of the same, it would result in recovery. Again he submitted Ext.P6 to the 2nd respondent to which also there was no response. 2. Now he is issued with Ext.P7 order for recovery of the dues. It is these proceedings which led the petitioner to file this writ petition. In this writ petition, all that the petitioner seeks is a direction to the 1st W.P (C) No. 569 of 2011 2 respondent to consider Exts.P3 and P6 representations where the request is that he may be relieved of the contractual obligations. Therefore, I direct that on production of a copy of this judgment along with a copy of the writ petition before the 1st respondent, shall consider Ext.P3 representation and pass orders thereon , at any rate within six weeks of production of a copy of this judgment along with a copy of the writ petition. Writ petition is disposed of as above. Sd/- ANTONY DOMINIC JUDGE ma /True copy/ P.A to Judge W.P (C) No. 569 of 2011 3