IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.BHAVADASAN FRIDAY, THE 13TH FEBRUARY 2009 / 24TH MAGHA 1930 WP(C).No. 23370 of 2006(S) -------------------------- PETITIONER(S): ---------------------- HUMAN RIGHTS DEFENCE FORUM (REGD), REPRESENTED BY ITS GENERAL SECRETARY, ADV.D.B.BINU, AGED 35 YEARS, S/O.LATE BHASKARAN, I.S.PRESS ROAD, ERNAKULAM, COCHIN-18. BY ADV. SRI.P.K.IBRAHIM SMT.K.P.AMBIKA RESPONDENT(S): ----------------------- 1. THE SECRETARY, MINISTRY OF ROAD TRANSPORT & HIGHWAYS, PARIAVARAN BHAVAN, IST PARLIAMENT STREET, NEW DELHI-110 001. 2. THE CHIEF ENGINEER, NATIONAL HIGHWAY, PWD, THIRUVANANTHAPURAM. 3. V.S.DILEEP KUMAR, VAYAKKATTIL HOUSE, ENGANDIYOOR P.O., THRISSUR DISTRICT. ADV. SRI.JOHN VARGHESE, ASSISTANT SG FOR R1 SRI.T.P.KELU NAMBIAR, SENIOR ADVOCATE FOR R3 SRI.VINOD MADHAVAN FOR R3 SMT.NISHA BOSE FOR R3 SRI.M.V.BOSE FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC. 23370/2006. APPENDIX PETITIONER'S EXTS: EXT. P1 : PHOTO COPY OF THE NATIONAL HIGHWAYS (FEES FOR USE OF PERMANENT BRIDGES) RULES, 1992. EXT. P2(a) : PHOTO COPYOF THE COMMUNICATION NO.A8.1765/03 DATED 22/11/05 FROM THE EXECUTIVE ENGINEER TO THE SUPERINTENDING ENGINEER NH (C) RECEIVED BY THE PETITIONER ON HIS REQUEST UNDER SECTION 6 OF THE RIGHT TO INFORMATIN ACT. EXT. P2(b) : PHOTO COPY OF THE COMMUNICATION NO.A8.1765/03 DATED 22.5.06 FROM THE EXECUTIVE ENGINEER TO THE PETITIONER. EXT. P3 : TRUE COPY OF THE COMMUNICATION NO.RW/NH-12024/205/2000- KL FROM THE 1ST RESPONDENT TO THE 2ND RESPONDENT. EXT. P4 : PHOTO COPY OF THE LETTER DATED 17.1.2006 FROM THE PETITIONER TO RESPONDENT 1. EXT. P5 : TRUE COPY OF THE AGREEMENT DATED 23.2.2005 EXECUTED BY THE CONTRACTOR IN FAVOUR OF THE RESPONDENTS. EXT. P6 : PHOTO COPY OF THE NEWS ITEM APPEARED IN MALAYALA MANORAMA DAILY DATED 11.5.2006. EXT. P6(a) : TRUE COPY OF THE ENGLISH TRANSLATION OF EXT. P6. EXT. P7 : PHOTOCOPY OF THE LETTER DATED 18.8.2006 FROM THE PETITONER TO RESPONDENTS 1 AND 2. EXT. P8 : PHOTO COPY OF THE NEWS ITEM DATED 9.8.2006 APPEARED IN HINDU. EXT. P9 : PHOTOCOPY OF THE NEWS ITEM DATED 23.8.2006 APPEARED IN HINDU. EXT. P10 : PHOTOCOPY OF NEWS ITEM DATED 24.8.2006 APPEARED IN MATHRUBHUMI DAILY. EXT. P10 (a) : TRUE COPY OF THE ENGLISH TRANSLATION OF EXT. P10. EXT. P11 : PHOTO COPY OF LETTER DATED 16.6.2006 WRITTEN BY DR.SEBASTIAN PAUL MP TO THE MINISTER OF ROAD TRANSPORT & HIGHWAYS. RESPONDENTS' EXTS: EXT. R2(a) : A TRUE COPY OF THE NOTIFICATION DATED 15.3.2004. EXT. R3(a) : TRUE COPY OF THE AGREEMENT DATED 3.4.2006 EXECUTED BETWEEN THE STATE AND 3RD RESPONDENT. EXT. R3(b) : TRUE COPY OF THE NOTIFICATION NO.RW/NH-11012/2/2000-US (D.D) DATED 14.7.2000. J.B. KOSHY, Ag. CJ. & P. BHAVADASAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 23370 of 2006 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of February, 2009. JUDGMENT KOSHY, AG.CJ, This writ petition was filed against the toll collection at Kumbalam-Aroor bridge. Term of the present contractor will be over on 31.3.2009, within one and a half months. Learned Government Pleader brings to our notice the National Highways (Fees for the Use of National Highways Section And Permanent Bridge – Public Funded Project) Rules, 1997. Since the term of the present contractor will be over on 31.3.2009, we dispose of this writ petition with liberty to the petitioner to challenge the Rules or auction to be conducted for the period after 31.3.2009. J.B. KOSHY, ACTING CHIEF JUSTICE P. BHAVADASAN, JUDGE WPC. 2 sb.