Writ Petition Nos.23756 and 23757 of 2013
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 8/9/2022
CORAM
THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR
Writ Petition Nos.23756 and 23757 of 2013
Sri Ganesh College of Arts & Science
rep. By its Authorised Signatory
Kamaraj Nagar Colony
Ammapet
Salem 636 014. ... Petitioner
Vs
1. National Highways Authority of India
rep. By its Chairman
G 5 & 6 Sector 10
Dwarka
New Delhi 110 075.
2. The Project Director
National Highways Authority of India
21-3/D3-1 Sri Nagar Colony
Narasothipatti
Salem 636 004.
3. M.V.R.Infrastructure and Tolways Pvt Ltd
M.V.R.Toll Plaza
Kottagoundampatty
Omalur Taluk
Salem District 636 011. ... Respondents
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https://www.mhc.tn.gov.in/judis
Writ Petition Nos.23756 and 23757 of 2013
PRAYER : Petition filed under Article 226 of the Constitution of India
praying for the issuance of a writ of certiorarified mandamus to call for the
records of the respondents relating to the order of the third respondent in Letter
No.MVR/BOT/TN02/379 dated 18/10/2012 and quash the same and direct the
respondents herein to collect entry fees at toll plaza for the educational
institution vehicles of the petitioner herein namely TN30D 2889, TN27P4884,
TN29P8899, TN30Y9909, TN59V7779, TN34B3040, TN46 B 6397,
TN30H7989, TN30E 9093, TN34C 7677, etc., on par with the entry fees for
school buses carrying school students.
For Petitioner ... Mr.Kandhan Duraisami
For respondents ... M/s.P.Wilson & Associates
for R.R.1 and 2.
Mr.J.Kannan
for R.3.
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ORDER
This writ petition has been filed to quash the respondents relating to the order of the third respondent in Letter No.MVR/BOT/TN02/379 dated 18/10/2012 and direct the respondents herein to collect entry fees at toll plaza for the educational institution vehicles of the petitioner herein namely TN30D 2889, TN27P4884, TN29P8899, TN30Y9909, TN59V7779, TN34B3040, Page No:2/5 https://www.mhc.tn.gov.in/judis Writ Petition Nos.23756 and 23757 of 2013 TN46 B 6397, TN30H7989, TN30E 9093, TN34C 7677, etc., on par with the entry fees for school buses carrying school students.
2. Heard Mr.Kandhan Duraisami, learned counsel for the petitioner, M/s.P.Wilson & Associates for the first and second respondents and Mr.J.Kannan, learned counsel for the third respondent.
3. It is the submission of the learned counsel for the petitioner that the discrimination sought to be made between the students of Schools and Colleges is wholly impermissible as both are educational institutions and the students in both the categories of educational institutions should be treated equally and any unequal treatment for the purpose of granting concession in toll plaza would be violative of the right of equality.
4. Learned counsel appearing for the petitioner fairly brought to the notice of this Court, the judgment rendered by a Division Bench of this Court in Writ Appeal Nos.560, 561, 563 and 564 of 2014 dated 25.04.2014 upholding against the petitioner. The relevant portion reads as follows:- Page No:3/5 https://www.mhc.tn.gov.in/judis Writ Petition Nos.23756 and 23757 of 2013 “5. We do not find any reason to entertain the writ appeals. The notification is very clear. When there is no ambiguity in the words / terms used by an authority, then the Court of law shall not venture to interpret the same in a different way. Admittedly, a school is different from a college. A school student is also different from a college student. The notification is only a concession given to the school students. The appellant cannot seek the same as a matter of right. The power of judicial review in such matters is very limited. The learned Singe Judge, has taken note of the law governing the issues raised, while passing the impugned order and we find no infirmity in the impugned order....”
5.Such view of the matter, as the issue has already been decided by the Division Bench of this Court, and the orders are also filed to that effect, nothing survives in these petitions for further adjudication. These Writ Petitions stand dismissed accordingly. No costs.
8/9/2022 Index : Yes / No Internet: Yes Speaking/non speaking order mvs.
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