IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 28TH OCTOBER 2008 / 6TH KARTHIKA 1930 WP(C).No. 31544 of 2008(E) -------------------------- PETITIONER(S): --------------- ALI KUNHI, ARAPUZHA BRIDGE TOLL CONTRACTORS, ARAPUZHA BRIDGE, ARAPUZHA, KOZHIKODE RESIDING AT PARUTHODI HOUSE, POST MALAYAMMA, VIA REC (NIT) KOZHIKODE. BY ADV. SRI.M.P.ASHOK KUMAR RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, PUBLIC WORKS DEPARTMENT, TRIVANDRUM. 2. THE SUPERINTENDING ENGINEER, NATIONAL HIGHWAY, NORTH CIRCLE, OPPOSITE H.P.O, KOZHIKODE. BY GP SMT.SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).31544/2008 -------------------- Dated this the 28th day of October, 2008 JUDGMENT Petitioner is a licensee authorised to collect toll fee at Arapuzha Bridge constructed over the Chaliyar River, as evidenced by Ext.P1. According to the petitioner, he was prevented from collecting toll for a period of 150 days during the period of agreement of three years commencing from 1.1.2009. As he could not collect fee for 150 days, he has sought for extension of the period of toll and submitted Ext.P2 application before the second respondent. In my view, in the absence of any specific clause in the agreement enabling the petitioner to seek a revision or an extension of the period to collect the fee, it may not be appropriate for this Court to direct the disposal of Ext.P2. It is open to the petitioner to either approach the Civil Court or pursue Ext.P2. Subject to the above, writ petition is disposed of. V.GIRI, Judge mrcs