Salem Sowdeswari College vs The National Highways Of
2022 Latest Caselaw 14959 Mad

Citation : 2022 Latest Caselaw 14959 Mad
Judgement Date : 7 September, 2022

Madras High Court

Salem Sowdeswari College vs The National Highways Of on 7 September, 2022

                                                                      W.P.No.17675 of 2013


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED :07.09.2022

                                                    CORAM:

                                  THE HON'BLE MR.JUSTICE N.SATHISH KUMAR

                                            W.P.No.17675 of 2013

                     SALEM SOWDESWARI COLLEGE
                     Rep. by its Principal
                     S/o.P.Veerappa Pillai
                     Kondalampatti
                     Salem-10
                     Salem District                                  ... Petitioner
                                                     Vs.
                     1.The National Highways of
                        India, rep. by its Authority
                     Chairman
                     G.5 & 6, Sector 10
                     Dwaraka, New Delhi 110 075

                     2.The Project Director
                     National Highways Authority of India
                     212-3/D3-1, Sri Nagar Colony
                     Narasothipatti
                     Salem 636 004

                     3.M.V.R.Infrastructure and -
                     Toll-ways Pvt. Ltd.,
                     M.V.R.Toll Plaza
                     Nottagoundampatty
                     Omalur Taluk
                     Salem District                                  ... Respondents

                     Page No.1 of 6


https://www.mhc.tn.gov.in/judis
                                                                                        W.P.No.17675 of 2013


                     PRAYER : Writ Petition filed under Article 226 of Constitution of India
                     praying for issuance of aWrit of Certiorarified Mandamus, to call for the
                     records of the third respondent herein in Letter No.M/R/BOT/TNO2/369
                     dated 18.10.2012 and quash the same as illegal and Direct the
                     respondents to collect the TOLL FEE for each college bus Rs.1,000/- per
                     month as like as mentioning in the National Highways Authority of India
                     Notification dated 08.05.2009 in Para 7 (iii) in Page 11, monthly passes
                     for school buses Rs.1,000/- per month.

                                         For Petitioner     : Mr.T.M.Ramalingam

                                         For Respondents : Mr.S.V.Srinivasan for R1 & R2
                                                           Mr.J.Kannan for R3
                                                         ORDER

The Writ Petition is filed under Article 226 of Constitution of India

praying for issuance of a Writ of Certiorarified Mandamus, to call for the

records of the third respondent herein in Letter No.M/R/BOT/TNO2/369

dated 18.10.2012 and quash the same as illegal and Direct the

respondents to collect entry fee at TOLL PLAZA for each college bus

Rs.1,000/- per month as like as mentioning in the National Highways

Authority of India Notification dated 08.05.2009 in Para 7 (iii) in Page

11, monthly passes for school buses Rs.1,000/- per month.

https://www.mhc.tn.gov.in/judis W.P.No.17675 of 2013

2.The learned counsel for the petitioner submitted that the

respondents are not justified in discriminating between schools and

colleges as both the categories are coming within the expression

educational institutions. It was further argued that the nomenclature

school will also include within its fold colleges as well, for the purpose of

concession in toll fee.

3.The point raised by the petitioner is no longer res-integra. The

said issue has already been decided by a Division Bench of this Court

vide its order in Writ Appeal Nos.560, 561, 563 and 564 of 2014 dated

25.04.2014. The relevant portion of the Judgment is extracted hereunder;

“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

https://www.mhc.tn.gov.in/judis W.P.No.17675 of 2013

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....”

4.Following the dictum laid down in the above order passed by the

Division bench, this Writ Petition stands dismissed. No costs.

07.09.2022 kas

Index : yes / no Internet : yes / no Speaking / Non speaking order

1.The Chairman The National Highways of India G.5 & 6, Sector 10 Dwaraka, New Delhi 110 075

2.The Project Director 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.17675 of 2013

3.M.V.R.Infrastructure and -

Toll-ways Pvt. Ltd., M.V.R.Toll Plaza Nottagoundampatty Omalur Taluk Salem District

https://www.mhc.tn.gov.in/judis W.P.No.17675 of 2013

N.SATHISH KUMAR, J.

kas