Petitioner had entered into an agreement with Roads and Bridges Development Corporation of Kerala Limited. Based on that agreement, the petitioner was authorised to collect user fee on contract basis as standalone package from specified motor vehicles users of the Road Over bridge, in Koyilandy for a period from 21.4.2013 to 21.4.2014. Petitioner submits that on account of certain change of rules, the petitioner was not able to collect the entire amount of user fee for which he is entitled to collect as per Ext.P1 agreement. The petitioner approached the Managing Director of Roads and Bridges Corporation as per Ext.P14 and P17. Petitioner has approached this Court aggrieved by the attempt made to invoke Bank guarantee from the petitioner. Having regard to the factual situation, I am of the view, that the petitioner’s grievance shall be considered by the 2nd respondent. This shall be done within a period of six weeks from the date of receipt of a copy of this judgment after affording an opportunity of hearing to the petitioner. Interim order will W.P.(C).No.11261 of 2014 2 continue till the final decision is taken in the matter. It is also made clear that if an adverse order is passed by the 2nd respondent based on the representation, the bank guarantee shall not be invoked for a further period of two weeks from the date of communication of the order to enable the petitioner to challenge that order.
jm/ Sd/ A.MUHAMED MUSTAQUE, JUDGE