IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 2ND DECEMBER 2011 / 11TH AGRAHAYANA 1933 WP(C).No. 31591 of 2011(Y) -------------------------------------- PETITIONER: ------------------- N.P.BALAN,NARUKKUMPOIL HOUSE, P.O.NAIRKUZHI,(VIA) NIT CAMPUS,REC,KOZHIKODE, PIN-623 601. BY ADVS. SRI.P.R.VENKETESH, SRI.P.R.RAJA. RESPONDENTS: ------------------------ 1. STATE OF KERALA,REPRESENTED BY THE SECRETARY,DEPARTMENT OF PUBLIC WORKS DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM. 2. ROADS AND BRIDGES DEVELOPMENT CORPORATION OF KERALA LTD.,II FLOOR,PREETHI BUILDINGS,PALARIVATTOM,COCHIN-25,REPRESENTED BY THE MANAGING DIRECTOR,COCHIN-682 025. 3. CATHOLIC SYRIAN BANK,KALLIASSERY BRANCH, KANNUR-670 562. R1 BY GOVERNMENT PLEADER SRI. JOE KALLIATH, R2 BY SRI. M. VIJAYAKUMAR, S.C, R3 BY SRI. JACOB SEBASTIAN, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/12/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.31591/2011-Y: APPENDIX PETITIONER'S EXHIBITS:- EXT.P1: TRUE COPY OF THE REPRESENTATION DATED 23.11.2010 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P2: TRUE COPY OF THE AGREEMENT DATED 3.12.2010 EXECUTED BY THE PETITIONER AND THE 2ND RESPONDENT. EXT.P3: TRUE COPY OF THE FIR,(RELEVANT PORTION)LODEGED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE-II,HOSDURG DATED 27.3.2011. EXT.P4: TRUE COPY OF REPRESENTATION DATED 22.3.2011 SUBMITTED BEFORE THE 2ND RESPONDENT. EXT.P5: TRUE COPY OF POSTAL ACKNOWLEDGMENT DATED 2.4.2011. EXT.P6: TRUE COPY OF THE REPLY DATED 29.3.2011 FROM THE 2ND RESPONDENT TO THE PETITIONER. EXT.P7: TRUE COPY OF LETTER ADDRESSED TO THE LOCAL MLA DATED 20.8.2011 BY THE PETITIONER. EXT.P8: TRUE COPY OF LETTER DATED 21/08/2011 OF THE MLA ADDRESSED TO THE MINISTER. RESPONDENTS' EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE Prv. ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) No. 31591 of 2011 Y ``````````````````````````````````````````````````````````` Dated this the 2nd day of December, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Tenders were invited by the second respondent for collection of user fee at an Over Bridge at Bakel in Kanhangad Taluk. Petitioner was the successful bidder. He committed default in paying the amounts due and his justification is that, for various reasons, which are not attributable to him, toll collection was adversely affected, as a result of which, the default happened. Be that as it may, it appears that, meantime, the contract itself has been terminated and the second respondent is now collecting the toll. 2. In this writ petition, grievance of the petitioner is mainly that the second respondent was taking steps to invoke the Bank Guarantee for `16,22,796/- furnished by the petitioner at the time of execution of the contract. His case was that he had made a representation to the first W.P.(C) No.31591/2011 : 2 : respondent seeking waiver of liability and that in the meantime, Bank Guarantee should not be permitted to be invoked. 3. However, Standing Counsel for the respondents submitted that, on a previous occasion, the petitioner had approached this court by filing W.P.(C) No.12408/2011 and that the said case was withdrawn. It is also submitted that the Bank Guarantee in question was invoked by the Corporation on 14.11.2011. 4. Learned Government Pleader appearing for the first respondent confirms the receipt of Ext.P7 representation, under the cover of Ext.P8 letter of the local MLA. It is submitted that the said representation has been forwarded to the second respondent for site inspection and report. 5. Thus, since the Bank Guarantee is already invoked, no orders on that relief sought by the petitioner can be granted. However, now that the learned Government Pleader has confirmed the receipt of the representation made W.P.(C) No.31591/2011 : 3 : by the petitioner, and as it has been forwarded to the second respondent for site inspection and report, it is directed that, once the reports are received from the second respondent, the first respondent shall deal with the complaint made by the petitioner in accordance with law. Writ petition is disposed of as above. Sd/- (ANTONY DOMINIC, JUDGE) aks/02/12 // True Copy // P.A. To Judge