K.K.MAJEED v. UNION OF INDIA

WP(C) No.36746/2007-3-Rules, 1997 enabling it to realise fee at the rate as prescribed in the table given below the Rules, since Rule 11 of the Rules referred to above enabling the executive agency to collect fee in perpetuity, solong as the Rule remains in the statute book, the petitioner cannot successfully contend that once the cost incurred for construction of the bridge has been realised, the authorities cannot collect any further fee. 6. If that be so, even if the case of the petitioner that the authorities having realised more than the cost incurred by them for the construction of the Bridge, they should be prevented from collecting fee any further, cannot be accepted. In view of Rule 11referred to above, the petitioner cannot get any relief in this writ petition. 7. However, this judgment will not stand in the way of the petitioner in approaching this Court questioning the validity of the Rule, and clarifying that this Court has not decided the issues raised on its merits, and leaving open all contentions, the writ petition is dismissed. (ANTONY DOMINIC, JUDGE)jg