C.H.PAVITHRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is challenging Demand Notices Exts.P35 to P42, which is the amount due from the petitioner towards the agreement executed between petitioner and 2nd respondent towards collection of toll charges.

(2.) Pointing out that there was reduction in volume of traffic on account of the out spread of Nipah virus, floods and thereafter COVID-19, petitioner submits that he is in extreme financial stringency and was unable to make the payment.

(3.) The learned Government Pleader as well as the learned Standing Counsel for the 2nd respondent points out that the petitioner is bound to make the payment in tune with the agreement executed. It is also pointed out that the demand is made towards the amount due from the petitioner for the year 2018 onwards and there was no substantial reduction on account of Nipah virus or flood during those years. It is also stated that the traffic has resumed in the year 2020 and petitioner cannot be granted any exemption from payment.