C.K. Jithesh vs State Of Kerala

N.Nagaresh, J

The petitioner states that he has been conferred with the right to collect toll from vehicles and persons entering Beypore Harbour, Kozhikode, for a period of one year from 18.11.2022. However, most of the vehicles crossing the toll gate are not paying necessary toll fee and taking the vehicles by threatening the staff of the petitioner.

The petitioner requested respondents 2 to 5 to take necessary steps to give protection in order to levy toll. Respondents, however, are not taking any action. The petitioner states that he has been conferred with the right by the Harbour Engineering Division, Kozhikode and has executed agreement paying huge sum. Unless the forceful evasion of toll is curbed, it will adversely affect not only the petitioner but also the public exchequer.

Though notices were issued, it has come out that the office of the 6th respondent is not working now as also that of respondents 7 and 8. The Secretaries of respondents 6 to 8 have refused to take notice.

Government Pleader entered appearance on behalf of respondents 1 to 5 and resisted the writ petition. The Government Pleader pointed out that a meeting was convened by the Station House Officer on 26.01.2023 to resolve the issues/disputes relating to the toll. The parties were present in the meeting and agreed to abide by law and not to obstruct toll collection. According to the 5th respondent, there is no obstruction at present.

Counsel for the petitioner would submit that even as per the latest instructions received by the counsel from the petitioner, travellers are forcefully evading payment of toll.

Heard the learned counsel for the petitioner and the learned Government Pleader representing respondents 1 to 5.

Ext.P2 would show that the petitioner has been conferred with right to levy toll, on the petitioner paying an amount of ₹41,41,500/. The petitioner has executed Ext.P3 licence agreement. The petitioner is entitled to collect toll from 18.11.2022 to 17.11.2023 as per Exts.P2 and P3. Ext.P5 would show that the petitioner has remitted ₹20,70,750/-already. In the circumstances, if any person is forcefully avoiding in toll payment, that will not be in public interest.

In the circumstances, the writ petition is disposed of directing respondents 4 and 5 to make arrangement to deploy sufficient number of police force to guard the toll collection by the petitioner based on Exts.P1 and P2, subject to satisfaction of appropriate extent of charges in this regard as stipulated by the State/Police as per relevant orders/norms. If there is any threat to the law and order situation due to forceful obstruction or any such act from anybody, it shall be for respondents 4 and 5 to take immediate remedial measures and grant adequate and effective protection, abating the threat to the rule of law. It is made clear that this judgment will be without prejudice to the right of the petitioner to pursue his claims made in Ext.P10, which issue is left open.