This writ petition is filed seeking a direction to compel the 4th respondent to pay the toll fee to the petitioner as demanded in Exts.P5 and P6 and to continue to pay the toll fees at Paliakkara toll plaza for vehicles plying through the highway for which toll is payable 2. Ext.P2 is the notification issued by the Ministry of Road Transport and Highways on 20.6.2011 inter alia incorporating the terms and conditions under which the right to collect toll in the aforesaid toll plaza in the National Highway between Angamaly and Mannuthy has been regulated by Government of India.
3. The notification inter alia provides the manner in which toll has to be collected by the concessionaire, the petitioner herein. As far as buses of the State Transport Undertaking are concerned, the relevant Clause is under 6(b), which reads as under:
“Buses:Monthly passes for the State Transport buses may be given at the specified rate in favour of the State Government Transport on the certification of the competent authority (not less than General Manager, State Government Road Transport) certifying the number of buses plying in the route per day. In case of private local operators monthly passes shall be issued on production of their route permit and time-table of the route operation duly certified by the District Transport Authority.”
4. The main contention raised by the petitioner is that despite the aforesaid notification, which has statutory force, no action has been taken the State Transport Undertaking to pay the toll in the aforesaid toll plaza. To avoid unnecessary controversy in the matter and to avoid the inconvenience to the public at large, that is the passengers in the State Transport buses, the petitioner was not obstructing the movement of the said vehicles through the toll plaza. However that by itself will not give right to the State Transport undertaking to deny the payment of toll in terms of Clause 6 (b) aforesaid.
5. Counter affidavit is filed by the 4th respondent inter alia stating that they have requested the State Government to seek exemption for payment of toll. Despite, the averments in the counter affidavit no specific provision has been brought to the notice of this Court to enable the State Transport undertaking from denying the liability to pay the toll, if they are using the toll plaza for movement of State Transport buses. Concerned authority has to comply with the terms of Clause 6 (b) and failure to do so will amount to breach of the terms of conditions of contract.
6. As far as the request made by the petitioner is concerned, Exts.P5 and P6, are with reference to the demand made by the petitioner for payment of toll.
7. Having regard to the above factual situation, I am of the view that this writ petition can be disposed of as under:
The 4th respondent is directed to enter into appropriate agreement with the petitioner in terms of Clause 6(b) and it is made clear that they shall be liable to pay toll in terms of the said agreement for plying their buses. As far as Exts.P5 and P6 are concerned, the issues are left open to be decided by mutual arrangement between the parties. Agreement shall be executed in terms of Clause 6(b) within a period of one month from the date of receipt of a copy of this judgment.
Sd/ A.M.SHAFFIQUE, JUDGE jm/