Madras High Court
Christian Educational ... vs The National Highways Authority ... on 13 June, 2022
W.P.No.11808 of 2013
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.06.2022
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN
W.P.No.11808 of 2013
and
M.P.Nos.1 & 2 of 2013
Christian Educational Development Trust,
Represented by its Chairman Dr.AR.T.Arangannal,
1, Vallalar Street,
Rasipuram, Namakkal District - 637 408. ... Petitioner
Vs
1.The National Highways Authority of India,
Represented by its Chairman,
G 5&6, Sector-10,
Dwarka, New Delhi - 110 075.
2.The Project Director,
The National Highways Authority of India,
212-3/D3-1, Sri Nagar Colony,
Narasothipatti, Salem - 636 004.
3.M.V.R.Infrastructure and Tollyways Private Limited,
M.V.R.Toll Plaza,
Kottagoundampatty,
Omalur Taluk, Salem District - 636 011. ... Respondents
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W.P.No.11808 of 2013
Prayer: Petition filed under Article 226 of the Constitution of India to
issue a Writ of Certiorarified Mandamus, calling for the records of the
respondents relating to the order of the third respondent in Letter
No.MVR/BOT/TN02/377 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
TN-28/AM-9178, TN-28/AK-3864, TN-28/AK-4765 and
TN-28/AM-7279 on par with the entry fees for school buses carrying
school students.
For Petitioner : Mr.Kandhan Duraisami
For Respondents :
For R1 & R2 : Mr.Aditya Raja
for M/s.P.Wilson Associates
ORDER
After hearing the learned counsel for the petitioner and the learned
counsel for the first and second respondents, I am inclined to dismiss this
Writ Petition in the light of the order passed by the Hon'ble First Bench
of this Court in a batch of writ appeals in W.A.Nos.560, 561, 563 & 564
of 2014, dated 25.04.2014, against the order passed in several writ
petitions.
2. The operative portion of the order reads as under:-
"As the issue involved in all these appeals is one
and the same, and in view of the fact that the writ
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W.P.No.11808 of 2013
petitions have been disposed of by a common order, a
common judgment is passed in these appeals.
2. A challenge was made by the appellant before
the learned Single Judge against the Notification dated
13-01-2012, passed by the first respondent by which the
exemption by way of granting discounted rates was only
extended to School buses carrying school children and
not to children who are studying in the Colleges or other
Educational Institutions.
3. The Learned Single Judge after making reliance
upon the earlier order passed, covering the very same
issue, was pleased to dismiss the writ petitions.
Challenging the same, the present writ appeals have been
filed.
4. Mr.K.Duraisami, learned Senior Counsel
appearing for the appellants submitted that as both the
Colleges and Schools are imparting education, the
exclusion of Colleges is bad in law. A College will have
to be construed as a School and by doing so, the
respondent will have to be directed to extend the benefits
which has been given to the Schools. Similar issue is
pending consideration before the Division Bench.
Therefore, the writ appeals will have to be entertained.
5. We do no 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
Single Judge, has taken note of the law governing the
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W.P.No.11808 of 2013
issues raised, while passing the impugned order and we
find no infirmity in the impugned order. We are, also of
the view that the mere pendency of the writ appeal cannot
be a ground to entertain a subsequent one.
6. In the result, we do not find any merit. The
appeal is dismissed. No costs. The connected
miscellaneous petitions are also dismissed."
3. Considering the above, nothing survives for adjudication in this
Writ Petition. This Writ Petition is therefore dismissed with the above
observations. No costs. Consequently, connected Miscellaneous
Petitions are closed.
13.06.2022
Index : Yes/ No
Internet : Yes/No
Speaking/Non-Speaking Order
arb
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W.P.No.11808 of 2013
To
1.The Chairman,
The National Highways Authority of India,
G 5&6, Sector-10,
Dwarka, New Delhi - 110 075.
2.The Project Director,
The National Highways Authority of India,
212-3/D3-1, Sri Nagar Colony,
Narasothipatti, Salem - 636 004.
https://www.mhc.tn.gov.in/judis
W.P.No.11808 of 2013
C.SARAVANAN, J.
arb
W.P.No.11808 of 2013
and
M.P.Nos.1 & 2 of 2013
13.06.2022
https://www.mhc.tn.gov.in/judis
