The petitioner was conferred with a right to collect users fee for a period of one year from the seaport-airport and road overbridges at SN Junction (Tripunithura- Irumpanam) by the 3rd respondent. It is submitted that after the commencement of the contract, on account of the objection of the public and certain political parties, he could not collect the users fee. Petitioner had approached this Court seeking police protection. During the pendency of the above, the contract was terminated and petitioners bank guarantee was invoked. Petitioner submits that he could not remit the amount as prescribed in the contract due to the fact that respondents failed to provide congenial atmosphere for toll collection and the same is beyond his control. Therefore, the contract is failed for the reason beyond the control of the petitioner and he is not liable to pay the amount agreed in the contract. Petitioner raised his grievance as per Exts.P18 and P22 before the 2nd respondent. It is on account of the non- W.P.(C).No.29025 of 2014
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consideration of Exts.P18 and P22, the petitioner has approached this Court.
2. The learned Standing Counsel for the 3rd respondent submits that the petitioner is a chronic defaulter and the petitioner is liable to pay the amount as agreed in the contract.
3. I am of the view that a fact finding is necessary in this matter. It is a matter to be enquired by the Government about the veracity of the claim made by the petitioner and to take an appropriate decision. Therefore, there shall be a direction to the 2nd respondent to take an appropriate decision on Exts.P18 and P22 representations after hearing the petitioner as well as the 3rd respondent within a period of two months from the date of receipt of a copy of this judgment. Till the decision is taken by the 2nd respondent, all coercive proceedings against the petitioner shall be kept in abeyance.
The writ petition is disposed of as above.
Sd/ A.MUHAMED MUSTAQUE, JUDGE jm/