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2025 Supreme(Ker) 1077

IN THE HIGH COURT OF KERALA AT ERNAKULAM
HARISANKAR V.MENON, J
ROHINI FACILITY MANAGEMENT SERVICES – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
Advocate Appeared:
For the Appellant : BY ADV.VARGHESE C.KURIAKOSE
For the Respondent: BY SENIOR GOVERNMENT PLEADER, SRI.E.G.GORDEN SRI.VIPIN P.VARGHESE SRI.ADARSH MATHEW SRI.DILJITH K.MANOHAR SMT. DHANYA T MALLAR RESMITHA.R.CHANDRAN, STANDING COUNSEL

JUDGMENT :

These two writ petitions are filed challenging the steps taken by the 6th respondent Corporation in W.P(C)No.39941 of 2018 (3rd respondent in W.P(C)No.7129 of 2018) with respect to the dispute over the user fee collection at the overbridges at S.N junction, Tripunithura-Irumpanam in the Seaport-Airport road and Ponnurunni overbridge respectively.

2. The petitioner in W.P(C)No.39941 of 2018 states that he was the successful bidder for the collection of user fee on contract basis on the overbridges noticed above, awarded by the 6th respondent - a Government of Kerala undertaking. The total amount payable by the petitioner was to the extent of Rs.3,67,20,000/-, in 24 installments commencing from 01.06.2014 and ending by 16.05.2015. The contract was for a period of one year from 01.06.2014 to 01.06.2015. A bank guarantee for Rs.93,63,600/- is stated to have been furnished towards the security deposit. The petitioner contends that they were not in a position to collect the user fee on account of agitation by the regional residents associations and the local politicians, according to whom, more than sufficient collection compared to the cost of construction has already been made

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