KURUVILLA THOMAS S/O THOMAS Vs. STATE OF KERALA SECRETARY PUBLIC WORKS (D) DEPARTMENT GOVT SECRETARIAT THIRUVANANTHAPURAM

JUDGEMENT

(1.) THE petitioner was granted an award to collect the toll charges of Kaippuzhamutt Bridge for the year 2004-05 as per Exhibit P1 and governed by the terms and conditions stated in Exhibit P2. THE petitioner was liable to pay a total amount of Rs.7,87,003/- in 24 monthly instalments, the first of which was specified as Rs.39,503/- and the balance of Rs.32,500/- each. THE specific terms of the agreement, Exhibit P2, stipulated a fine of Rs.1,000/- for every day's belated payment after the 10th day of the due date as penalty over and above the penal interest stipulated in clause 3(i) and 3(ii). THE petitioner claims that there was discrimination, in so far as in the award of many other bridges penalty was prescribed only at an amount of Rs.100/- per day. THE petitioner had earlier approached this Court, wherein it was found that the respondents would not be competent to grant any relaxation of the agreement. However, this Court by Exhibit P5 directed the petitioner to file a representation before the authority, which was rejected by Exhibit P8. THE petitioner again filed a statutory appeal as was directed in Exhibit P9 judgment. THE appellate authority also confirmed the direction of payment of fine at the rate of Rs.1,000/- per day in addition to the interest and penal interest.

(2.) THE petitioner contends that the failure in remitting the instalments occurred only due to the fact that the condition of the road was poor and there was diversion of traffic due to major repairs on another bridge on the same route and it was only due to the said circumstance that the petitioner could not comply with the terms of the award. This Court, while admitting the above writ petition, had directed the payment of Rupees One Lakh within a period of one month, which was complied with by the petitioner. Again, by order dated 14.7.2008 the petitioner was directed to pay the balance principal amount within one week, which direction has also been complied with by the petitioner. THE petitioner seeks indulgence of this Court and prays that in view of the payment of the entire amounts, the penalty at the rate of Rs.1,000/- per day of default and the interest as also penal interest may be set aside.

(3.) THE writ petition is disposed of as above.