IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 17TH JULY 2009 / 26TH ASHADHA 1931 WP(C).No. 2990 of 2007(E) ------------------------- PETITIONER(S): --------------- M.VASUDEVAN, AGED 40 YEARS, SON OF GOVINDAN, CHAIRMAN, MEENADUTHOOR RAILWAY OVER-BRIDGE TOLL COLLECTION ACTION COUNCIL, MEENADUTHOOR, RESIDING AT MANGUZHI HOUSE, MEENADUTHOOR P.O., THANALOOR (VIA), MALAPPURAM DISTRICT. BY ADV. SRI.K.RAMAKUMAR, SENIOR ADVOCATE SRI.T.RAMPRASAD UNNI SRI.A.SAMEER SRI.V.K.SREENATH SMT.T.O.RAJITHA SRI.VINOD.V (EDAPPUNATHIL) RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE KERALA ROADS AND BRIDGES DEVELOPMENT CORPORATION, KOCHI, REPRESENTED BY ITS MANAGING DIRECTOR. 3. UNION OF INDIA, REPRESENTED BY THE GENERAL MANAGER, SOUTHERN RAILWAYS, CHENNAI. 4. THE SECRETARY TO PUBLIC WORKS DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 5. THE KERALA ROAD FUND BOARD, THIRUVANANTHAPURAM, REPRESENTED BY ITS CHIEF ENGINEER. ADDL.R6 IMPLEADED : 6. TIRUR TALUK PRIVATE BUS OPERATORS ASSOCIATION, TIRUR, MALAPPURAM, REP. BY ITS PRESIDENT, P.HAMZA. (IMPLEADED AS PER ORDER DT. 17.7.2009 IN I.A.1617/2007) ADV. SRI.ALEXANDER THOMAS, SC,RAILWAYS FOR R3 SRI.P.RAVINDRAN, SENIOR ADVOCATE FOR ADDL.R6. SRI.KURIAN GEORGE KANNAMTHANAM, SENIOR ADVOCATE FOR R2 SRI.TONY GEORGE KANNANTHANAM FOR R2 GOVERNMENT PLEADER SMT.K.MEERA. SRI.M.VIJAYAKUMAR, S.C. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.C.NO.2990/2007 A P P E N D I X PETITIONER'S EXHIBITS : EXT.P1 : TRUE COPY OF THE NOTIFICATION NO.KRF/RBDC/1/2003(3) DT. 12.4.2005 ISSUED BY THE 5TH RESPONDENT. RESPONDENTS' EXHIBITS : EXT.R2A : TRUE COPY OF MEMORANDUM OF UNDERSTANDING WITH ANNEXURES. EXT.R2B : COPY OF DIRECT TOLL CONCESSION AGREEMENT FOR DEVELOPMENT OF RAILWAY OVER BRIDGE AT TIRUR-TANUR IN MALAPPURAM DISTRICT. EXT.R2C : COPY OF G.O.(RT) NO.692/2000/PWD DT. 18.7.2000 OF PUBLIC WORKS DEPARTMENT. R1A : TRUE COPY OF GO.RT.NO.692/2000/PWD DT. 18.7.2000. EXT.R1B: TRUE COPY OF THE M.O.U. EXT.R1C : TRUE COPY OF CONCESSION AGREEMENT. KURIAN JOSEPH & K.SURENDRA MOHAN, JJ. ----------------------------------------- W.P(C)No.2990 of 2007 ----------------------------------------- Dated this the 17th day of July, 2009 JUDGMENT Kurian Joseph,J. The issue raised in this writ petition pertains to the levy and collection of toll in respect of use of Meenaduthoor Railway Over-bridge on the Thanoor-Tirur road in Malappuram district. Learned counsel appearing for the 2nd respondent Corporation submits that there is no levy and collection as of now. The above submission is recorded and the writ petition is closed. (KURIAN JOSEPH, JUDGE) (K.SURENDRA MOHAN, JUDGE) ahg. KURIAN JOSEPH & K.SURENDRA MOHAN, JJ. --------------------------- W.P(C)No.2990 of 2007 ---------------------------- JUDGMENT 17th July, 2009