High CourtsDivision Bench(2010) 11 KL CK 0159

Joe Paul Vithayathil vs State of Kerala and Roads and Bridges Corporation Ltd.

High Court Of Kerala · Decided on 19 November 2010

HON’BLE JUDGES
Jasti Chelameswar, C.J · P.R. Ramachandra Menon, J
RESULT
Dismissed
CASE NUMBER
WA. No. 1976 of 2010

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Judgment

4 paragraphs · 168 words

J. Chelameswar, C.J.—Aggrieved by judgment dated 4th October, 2010 in W.P. (C) No. 30129 of 2010 the unsuccessful Petitioner therein preferred the instant writ appeal.

2.

The dispute between the Appellant and the Respondents centres around the rights and obligations arising under Ext.P1 agreement dated 7.6.2010 by which the Appellant was licensed to collect toll at Pullepady bridge till 6.6.2011. For various reasons, the details of which may not be necessary, the agreement came to be terminated by the Respondents and subsequently the licence was awarded in favour of a third party.

3.

By the judgment under appeal, the writ petition was dismissed essentially on the ground that the issues raised by the Appellant/Petitioner are in the realm of facts investigation of which is not normally undertaken by this Court under Article 226 of the Constitution of India. We do not see any reason to take a view different from the one taken by the judgment under appeal.

4.

The writ appeal is dismissed at the admission stage.