JUDGMENT :- The respective petitioners in these two petitions, challenge the validity of section 12 of the Travancore Cochin Vehicles Taxation Act, 1950, - Act XIV/1950 as well as a notification dated 28th April 1953 isued by the T.C. Stats Government directing the levy of tolls on vehicles using the bridge across the Meenachil river at Palai on the Ponkunnam-Lalam road.

2. The petitioner in O.P.404/60, represented by the learned counsel Sri. P. Govindan Nair, states that the petitioner is engaged in the business of transport service and is an operator of stage carriage services, and in particular, it is operating a stage carriage KLR 310 on the route from Palai to Vandanmada in the Kottayam District. The petitioner further avers that the said bus has to pass over the bridge at Palai, constructed on the Meenachil river, by the State Government. At the northern end of the bridge, a toll gate has been established by the State Government and it is leasing out annually the right to collect the tolls.

3. The petitioner further alleges that the petitioner and the other operators on the route, have to pay a toll of Rs.2/- per day per vehicle and take a toll-pass for passing through the bridge and the petitioner has been accordingly paying toll at the said rate from the date he started service on the said route.

4. The petitioner further avers that neither the State nor the Executive Engineer Public Works Department, respondents 1 and, 2 respectively, have any power to levy or collect the said toll nor have they any power to lease out the right to collect the said tolls to any one. The imposition of a tax, in the form of toll is again, according to the petitioner, illegal and ultra vires the powers of the State and the Executive Engineer and is opposed to the provisions of Art.255 of the Constitution.

5. The petitioner further claims to be paying vehicles tax to the State as an operator of stage carriage under the Travancore Cochin Motor Vehicles Act 1950, and in consequence the respondents 1 and 2 are not entitled to collect any other amounts by whatever name it is called. The petitioner also alleges that the imposition and collection of toll amounts to an unreasonable infringement of the petitioners fundamental right guaranteed under Art.19(1)(g) of the Constitution and that it violates the provisions of Art.301 also.

6. In particular, the petitioner states that Sec.12 is void and ultra vires inasmuch as it amounts to an excessive delegated legislation, without in any manner providing the quantum, extent of the toll, nor the maxima and minima of such an imposition. Section 12 is also attacked on the ground that the entire matter is left to the naked and arbitrary discretion of the Government, without in any way attempting to define or lay down any principle or standards which are to guide the State Government before taking action under section 12. In short, the petitioner urges that there has been a complete surrender or abdication of the legislative function to the executive.

7. The petitioner also avers that to his knowledge, there has been no notification published in the Government Gazette as required under section 12 of the Act, levying tolls on vehicles using the Palai bridge.

8. On these allegations, the petitioner seeks to have the provisions of Section 12 of the Travancore Cochin Act XIV/1950, as well as the further proceedings taken in pursuance of the said section by way of levy and collection of the toll on the Palai bridge quashed by appropriate writ or direction.

9. The State has filed three counter-affidavits in this matter on 5-1-61, 6-6-61 and 16-6-61. In the first counter-affidavit, the Assistant Secretary to the Government, Public Works Department states that the high level bridge across the Meenachil river at Palai was constructed at the expense of the erstwhile State of Travancore Cochin at over 3 lakhs of rupees. The Government issued a notification dated 28th April 1953, under section 12 of the Travancore Cochin Vehic

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