High Court Kerala High Court

T.K.Basheer vs Government Of Kerala on 9 June, 2010

Kerala High Court
T.K.Basheer vs Government Of Kerala on 9 June, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 438 of 2009(B)


1. T.K.BASHEER, THONIKKADAVIL HOUSE,
                      ...  Petitioner

                        Vs



1. GOVERNMENT OF KERALA, REPRESENTED BY
                       ...       Respondent

2. THE CHIEF ENGINEER, PUBLIC WORKS

3. THE SUPERINTENDING ENGINEER,PWD, ROADS

                For Petitioner  :SRI.V.G.SANKARAN

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :09/06/2010

 O R D E R
                           S. SIRI JAGAN, J.
                     ------------------------------
                       W.P.(C) No.438 OF 2009
                    -------------------------------
               Dated this the 9th day of JUNE, 2010

                            J U D G M E N T

The petitioner was a successful tenderer for collecting toll

from Kalluthankadavu – Mankavu Bridges for the period from

1/4/1999 to 31/3/2000. The total tender amount was

Rs.46,01,786/-. But the toll booth for toll collection was handed

over to the petitioner only on 5/6/99. Therefore, the petitioner

was granted a remission of Rs.8,18,900/- on the contract

amount. The petitioner’s grievance in this writ petition is that

now the petitioner has been directed to pay amounts without

taking into account the remission of Rs.8,18,900/- earlier given.

It is under the above circumstances, the petitioner has filed this

writ petition seeking the following reliefs:

“i) call for the records leading to Ext.P5 and quash
the same by the issue of a writ in the nature of
certiorari or any other such appropriate writ order of
direction;

ii) issue a writ in the nature of mandamus
commanding the 1st respondent to re-consider Ext.P3
and dispose of the same after hearing the petitioner”

A counter affidavit has been filed, in which it has been

W.P.(c)No.438/09 2

stated that what has been demanded now is not the amount

given as remission but only the defaulted five instalments,

which the petitioner is liable to pay. In view of the specific

statement in the counter affidavit, there is no merit in the writ

petition and accordingly, the same is dismissed.

S. SIRI JAGAN, JUDGE

acd

W.P.(c)No.438/09 3