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1961 Supreme(Ker) 184

C.A.VAIDIALINGAM
Standard Motor Union (Private) Ltd. , Ettumanoor – Appellant
Versus
State of Kerala – Respondent


Advocates:
O.P. No.404/60.
P. Govindan Nair, K.V.R. Shenoy, P.K. Kurien and G. Balagangadharan Nair, for Petitioner; Govt. Pleader, for Respondent 1; Mani, J. Meenattoor, for Respondent 4.
O.P. No.563/60.
George Vadakkel, for Petitioner; Government Pleader, for Respondent 1; Mani, J. Meenattoor, for Respondent 3.

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 brid








































































































































































































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