IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 18TH JULY 2008 / 27TH ASHADHA 1930 WP(C).No. 18388 of 2005(L) -------------------------- PETITIONER: ------------------ 1. C.HAMSA, PRESIDENT, PRIVATE BUS OPERATORS ASSOCIATION, PERINTHALMANNA. 2. P. MUHAMMED HANEEFA, S/O.P.MUHAMMEDKUTTY `KARUNA', P.O. PULANTHOLE-679 323. BY ADV. SRI.K.RAMAKUMAR (SR.) RESPONDENTS: ---------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE ROADS & BRIDGES DEVELOPMENT CORPORATION OF KERALA LTD., A GOVERNMENT OF KERALA UNDERTAKING, ERNAKULAM, KOCHI. 3. THE SECRETARY TO PUBLIC WORKS DEPARTMENT GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI. MOHAMMED ANZAR K.J. FOR R1 & 2 SRI.KURIAN GEORGE KANNAMTHANAM (SR.) FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 : TRUE COPY OF RECEIPT NO. 51 ISSUED BY R2, AT PULANTHOLE. EXHIBIT P2 : TRUE COPY OF RECEIPT NO. 38 ISSUED BY R2, AT PULANTHOLE. EXHIBIT P3 : TRUE COPY OF RECEIPT NO. 63 ISSUED BY R2, AT PULANTHOLE. EXHIBIT P4 : TRUE COPY OF RECEIPT NO. 002158 ISSUED AT CHERUTHURUTHY. EXHIBIT P5 : TRUE COPY OF RECEIPT NO. 004978 ISSUED AT CHERUTHURUTHY. EXHIBIT P6 : TRUE COPY OF RECEIPT NO. 3537 ISSUED AT CHERUTHURUTHY. /TRUE COPY/ P.A. TO JUDGE. vkm KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No. 18388 OF 2005 --------------------------------------- Dated this the 18th day of July, 2008. J U D G M E N T This writ petition is filed with the following prayers: a) To declare that the levying of users fee or toll in the Pulanthole river bridge at State National Highway 39 is violative of Articles 14, 19 and 21 of the Constitution of India. b) To declare that the levying of users fee without a valid notification is altogether void and unenforceable. c) To issue a writ of mandamus directing the respondents to refrain themselves from levying any toll at Pulanthole river bridge or at any rate fix a uniform rate on a par with the bridges situate close by. It is stated in the counter affidavit that the bridge has been constructed by the Roads and Bridges Development Corporation of Kerala by availing a loan. The loan and accruing interest are to be refunded by levying user fee. It is also stated that user fee was notified in the gazette dated 01.03.2005. 2. Be that as it may, in view of the stand taken in the counter affidavit, in case the petitioners have still any grievance left, they may approach the first respondent. This writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp KURIAN JOSEPH, J. W.P.(C) No. 18388 OF 2005 J U D G M E N T 18.07.2008