IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.VINOD CHANDRAN THURSDAY, THE 24TH NOVEMBER 2011 / 3RD AGRAHAYANA 1933 Con.Case(C).No. 677 of 2010(S) ------------------------------ AGAINST THE JUDGEMENT IN WPC.13178/2007 .................... PETITIONER/PETITIONER: --------------- KHALID MUNDAPPALLY, AGED 62 YEARS, S/O.LATE MOHAMMAD, PRESIDENT, KERALA STATE PRIVATE BUS OWNERS FEDERATION (REGD NO.ER.660/2005), THURUTHIYIL LANE, EDAYAPPURAM, ALUVA-1, REPRESENTED BY ITS PRESIDENT, KHALID MUNDAPPILLY. BY ADV. SRI.T.R.RAJAN RESPONDENT/2ND RESPONDENT ----------------------------- JOHN SEBASTIAN, AGE NOT KNOWN, FATHER'S NAME NOT KNOWN, SECRETARY, GREATER COCHIN DEVELOPMENT AUTHORITY, KADAVANTHARA, KOCHI-682 020. ADDL. RESPONDENT: 2. GEORGE VALLAKKALIL, AGE NOT KNOWN, FATHER'S NAME NOT KNOWN, SECRETARY, GREATER COCHIN DEVELOPMENT AUTHORITY, KADAVANTHARA, KOCHI-682 020. (ADDL. 2ND RESPONDENT IS IMPLEADED AS PER ORDER DT.24.11.2011 IN I.A.423/2010.) ADV. SRI.S.B.PREMACHANDRA PRABHU FOR R1 SRI.M.K.THANKAPPAN FOR R2 THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 24/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX ANNEXURE A1: TRUE COPY OF COUNTER AFFIDAVIT DT.7.7.2009 FILED BY THE STATE OF KERALA IN WPC NO.13178/2007. ANNEXURE A2: CERTIFIED COPY OF JUDGMENT DT.28.7.2009 OF THIS HON'BLE COURT IN WPC NO.13178/2007. ANNEXURE A3: TRUE COPY OF COMMUNICATION DT.24.8.2009 SENT BY PETITIONER TO M/S.GAMMON INDIA LTD. IN THE WRIT PETITION WITH COPY TO THE RESPONDENT. ANNEXURE A4: TRUE COPY OF COMMUNICATION DT.12.2.2009 SENT BY PETITIONER TO M/S.GAMMON INDIA LTD. ANNEXURE A5: TRUE COPY OF TICKETS 8 IN NOS. ISSUED BY THE M/S.COCHIN BRIDGE INFRASTRUCTURE COMPANY LTD. TO THE USERS OF MATTANCHERRY BRIDGE ON 15.3.2010. ANNEXURE A6: TRUE COPY OF PETITION DT.7.5.2011 SUBMITTED BY THE PETITIONER BEFORE THE HON'BLE MINISTER FOR PUBLIC WORKS DEPARTMENT, STATE OF KERALA. ANNEXURE A6(a): TRUE COPY OF ENGLISH TRANSLATION OF ANNEXURE A6. ANNEUXRE A7: TRUE COPY OF COMMUNICATION NO.C.CELL/AUDIT/RTI ACT VOL. VI/7/ DT.10.6.2009 ISSUED BY THE SY. DY. ACCOUNTANT GENERAL (ADMN.) & PUBLIC INFORMATION OFFICER AND THE REVIEW ON THE FUNCTION OF THE GREATER COCHIN DEVELOPMENT AUTHORITY FOR THE PERIOD FROM 1997-98 TO 2001-2002. ANNEXURE A8: TRUE COPY OF STATEMENT OF TOLL COLLECTION PREPARED BY N.A.MOHAMMED BASHEER FORMER ASSISTANT EXECUTIVE ENGINEER FOR THE DAYS 26.7.2011 AND 28.7.2011. ANNEXURE A9: TRUE COPY OF COMMUNICATION DT.28.4.2011 BEARING NO.2796/10/2011/GCDA ISSUED BY THE STATE PUBLIC INFORMATION OFFICER OF THE GREATER COCHIN DEVELOPMENT AUTHORITY TO THE PETITIONER. ANNEXURE R1: TRUE COPY OF LETTER ISSUED BY RESPONDENT TO R3 IN WPC DT.4.2.2010. ANNEXURE R2: TRUE COPY OF REMINDER DT.25.2.2010. ANNEXURE R3: TRUE COPY OF LETTER ISSUED BY R4 IN WPC DT.17.3.2010. ANNEXURE R4: TRUE COPY OF LETTER ISSUED BY RESPONDENT TO R4 IN WPC DT.26.3.2010. ANNEXURE R5: TRUE COPY OF COMMUNICATION FROM R4 IN WPC DT.5.4.2010. ANNEXURE R6: TRUE COPY OF LETTER ISSUED BY RESPONDENT TO R4 IN WPC DT.10.5.2010. ANNEXURE R7: TRUE COPY OF LETTER ISSUED BY THE RESPONDENT TO SECRETARY TO GOVERNMENT, PWD DT.10.5.2010. ANNEXURE R2(a): TRUE COPY OF G.O.(RT.)NO.1544/10/PWD DT.5.10.2010. ANNEXURE R2(b): TRUE COPY OF LETTER DT.6.10.2010. ANNEXURE R2(c): TRUE COPY OF ORDER DT.22.11.2010. TRUE COPY P.S. TO JUDGE C.N.RAMACHANDRAN NAIR & K.VINOD CHANDRAN, JJ. .................................................................... C.O.C. No.677 of 2010 .................................................................... Dated this the 24th day of November, 2011. JUDGMENT Ramachandran Nair, J. Heard counsel for the contempt petitioner and also Standing Counsel for GCDA. The allegation is that inspite of specific direction in the judgment, the GCDA is not ensuring sale of toll tickets by the company operating the Mattancherry Bridge with number and seal of GCDA. Counsel for the GCDA denied the allegations and contended that the practice is for the company to print and bring the tickets which will be numbered and sealed by GCDA details of which are recorded in the GCDA's office on a daily basis. The petitioner's allegation is that the company is accounting only less than the actual amount received towards toll charges and it is only to collect huge amount from Government towards compensation. 2. After hearing both sides, what we feel is that in the Contempt case against GCDA the petitioner's allegation against the company cannot be enquired into or decided. It is upto the Government to make arrangement to ensure that the company accounts full collections 2 because liability otherwise is said to be on the Government. Main dispute is also said to be pending in arbitration. We, therefore, close the Contempt case leaving it open to the Government to take adequate measures, if required, to ensure that toll collections are fully accounted. Since we have not issued notice to the company or made any enquiry, what is stated above is based on the allegations made by the petitioner which the concerned authorities are entitled to enquire into and take remedial measures. It is open to the petitioner to bring any irregularity to the notice of the concerned authorities. C.N.RAMACHANDRAN NAIR Judge K.VINOD CHANDRAN Judge pms 3 C.N.RAMACHANDRAN NAIR & P.S.GOPINATHAN, JJ. .................................................................... C.O.C. No.677 of 2010 .................................................................... Dated this the 6th day of July, 2011. ORDER Ramachandran Nair, J. The GCDA will furnish in court details of vehicle categorywise collection of toll at the Mattancherry Bridge by the company on daily basis from 1.6.2011 to 31.7.2011. The petitioner or his representative is authorised to collect statistics of the vehicles passing through the Bridge on any day or on random basis and GCDA will instruct the company not to cause any obstruction and if there is any obstruction, Police should assist the petitioner or his agents to collect the statistics on any day or days. The petitioner shall not in any way cause any obstruction against collection of toll. The details will be furnished to this court by GCDA before 4.8.2011. Post on 4.8.2011. C.N.RAMACHANDRAN NAIR Judge 4 P.S.GOPINATHAN Judge pms