Kerala State Road Transport Corporation v. Goruvayoor Infrastructure P V T Ltd

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR.JUSTICE K.HARILAL WEDNESDAY, THE 25TH DAY OF FEBRUARY 2015/6TH PHALGUNA, 1936 WA.No. 263 of 2015 () IN WP(C).2352/2013 ------------------------------------------ WP(C) 2352/2013 of HIGH COURT OF KERALA DATED 12-06-2014 APPELLANT/4TH RESPONDENT:

-------------------------------------------- KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS REGIONAL TRANSPORT OFFICER ERNAKULAM, KOCHI-11.

BY ADV. SRI.P.C.CHACKO, SC, KERALA STATE ROAD TRANSPORT CORPORATION.

RESPONDENTS/PETITIONER & R1 TO 3:

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1. GURUVAYOOR INFRASTRUCTURE PVT LTD, PRESENTLY HAVING ITS REGISTERED OFFICE AT DOOR NO.1-80/40/SP/58-65 SHILPA HOMES LAYOUT, GACHI BOWLI, HYDERABAD-500 032 REPRESENTED BY ITS AUTHORISED SIGNATORY SREEKUMAR.M.V, S/O LATE K.E.NAIR, AGED 65 RESIDING AT 178-GIRINAGAR, KADAVANTHRA ERNAKULAM-682020.

2. NATIONAL HIGHWAY AUTHORITY OF INDIA, G.5 & 6 SECTION-10, DWARAKA, NEW DELHI-110075.

3. THE PROJECT DIRECTOR, NHAI, PALAKKAD, PIN-678001.

4. THE STATE OF KERALA, REPRESENTED BY SECRETARY, PWD, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

WA.No. 263 of 2015 R3 BY ADV. SRI.THOMAS ANTONY R1 BY ADV. SRI.S.SREEKUMAR (SR.) R1 BY ADV. SRI.P.MARTIN JOSE R1 BY ADV. SRI.P.PRIJITH R1 BY ADV. SRI.THOMAS P.KURUVILLA R BY GOVERNMENT PLEADER THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 25-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WA.No. 263 of 2015 APPENDIX APPELLANT'S ANNEXURES:

ANNEXURE 1 :TRUE COPY OF THE DETAILS OF THE DISCUSSION CONDUCTED BY THE APPELLANT WITH THE 1ST RESPONDENT ON 20.11.2014.

ANNEXURE 2 : TRUE COPY OF THE LETTER DATED 27.11.2014 ISSUED BY THE 1ST RESPONDENT TO THE APPELLANT.

ANNEXURE 3 :TRUE COPY OF THE PROFORMA OF AGREEMENT ISSUD BY THE 1ST RESPONDENT TO THE APPELLANT DATED NIL.

RESPONDENTS' ANNEXURES : NIL //TRUE COPY// P.A. TO JUDGE smv

THOTTATHIL B. RADHAKRISHNAN & K. HARILAL, JJ.

----------------------------------------------- W.A. No. 263 of 2015 ----------------------------------------------- Dated this the 25th day of February, 2015

J U D G M E N T

Thottathil B. Radhakrishnan,J.

1. We have heard the learned counsel for the appellant - KSRTC and the learned senior counsel for the first respondent.

2. It is not in dispute that the first respondent is entitled to collect toll from the routes in question. It is also not in dispute that the appellant - KSRTC has not given any certification by its competent authority as to the number of buses plying in each route per day. Therefore, we do not really see any obligation on the part of the first respondent - writ petitioner to issue monthly passes to the STU buses or to wait for collection of toll due from the STU on monthly collection basis. Yet certain reliefs have been granted by the learned Single Judge in favour of KSRTC as

W.A. No. 263 of 2015 well. We see no ground to interfere with the impugned judgment at the instance of KSRTC. This appeal is, therefore, dismissed.

Sd/- THOTTATHIL B.RADHAKRISHNAN, JUDGE Sd/- K. HARILAL, JUDGE //true copy// P.A to Judge smv