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.
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W.P.(C) No.438 OF 2009
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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