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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Ziyad Rahman A.A., J
R. Rakesh – Appellant
Versus
The State of Kerala – Respondent
| Table of Content |
|---|
| 1. petitioner's inability to collect toll due to external disruptions. (Para 1 , 2 , 3 , 4) |
| 2. writ petition seeks to extend toll collection period and address grievances. (Para 5 , 6) |
| 3. court acknowledges difficulties faced by petitioner. (Para 8 , 9) |
| 4. court assessment of the applicability of contractual clauses. (Para 10 , 11) |
| 5. directive for a competent authority decision upon petitioner's request. (Para 12 , 13) |
JUDGMENT
The petitioner is a contractor, who was entrusted with the task of collecting toll from the vehicles and boats, entering in the Beypore Harbour, Kozhikode, for the period of one year from 04.03.2024 to 03.03.2025. Ext.P1 is the tender, based on which, the work was entrusted to the petitioner. The total amount quoted by the petitioner was Rs.50,00,051/-. Ext.P2(a) is the agreement dated 07.03.2024, executed between the petitioner and the 2nd respondent in this regard.
2. The case of the petitioner is that, after executing the said agreement, there was severe resistance from the part of vehicle owners and boat owners, against the collection of toll and therefore the petitioner could not collect the toll for a considerable period of time. According t
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