Madras High Court
Ponmudi Muthusamy Gounder Trust vs National Highways Authority Of India on 10 February, 2025
Author: J.Sathya Narayana Prasad
Bench: J.Sathya Narayana Prasad
W.P.No.4983 of 2013
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.02.2025
CORAM:
THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD
W.P.No.4983 of 2013
Ponmudi Muthusamy Gounder Trust,
Rep. by its Chairman,
67/1, Mandothari Thottam,
Alankattupudur,
Uthukuli Road,
Tiruppur – 641 607. ...Petitioner
-Vs-
1.National Highways Authority of India,
Represented by its Chairman,
G 5 & 6, Sector – 10,
Dwarka, 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.Kumarapalayam Tollways Limited,
Kambuliyampatti,
Vijayamangalam Post,
Perundurai Taluk,
Erode District – 638 056. ...Respondents
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1/10
W.P.No.4983 of 2013
Prayer: Writ Petition filed under Article 226 of the Constitution of India,
praying for the issuance of a direction in the nature of Writ of Certiorarified
Mandamus, calling for the records of the respondents relating to the order of
the 3rd respondent in Letter No.KTL/NHA/2012-001 dated 25.10.2012 and
quash the same and direct the respondents herein to collect entry frees at toll
plaza for the educational institution vehicles of the petitioner herein namely,
TN33AW7707, TN33AW0423, TN564552, TN564843, TN33R9635,
TN563937, TN563937, TN34BY1101, TN39BY1110, TN33AW8316,
TN563836, TN563927, TN39BY0868 & TN39BY0871 on par with the entry
fees for school buses carrying school students and pass such further orders.
For Petitioner : Mr.Kandhan Doraisami
For R1 & R2 : Mr.P.Wilson
For R3 : Mr.M.Rajendiran
Additional Government Pleader
ORDER
This writ petition has been filed for issuance of a Writ of
Certiorarified Mandamus, calling for the records of the respondents relating
to the order of the 3rd respondent in Letter No.KTL/NHA/2012-001 dated
25.10.2012 and quash the same and directing the respondents herein to
collect entry fees at the toll plaza for the educational institution vehicles of
the petitioner herein, namely, TN33AW7707, TN33AW0423, TN564552,
TN564843, TN33R9635, TN563937, TN563937, TN34BY1101,
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TN39BY1110, TN33AW8316, TN563836, TN563927, TN39BY0868 &
TN39BY0871 on par with the entry fees for school buses carrying school
students.
2. The Petitioner is running the educational Institutions, including
Sasurie College of Engineering, Sasurie Academy of Engineering Sasurie
College of Arts & Science, Sasurie College of Education, etc., in the rural
area of Tirupur District. The Petitioner is running several Educational
Institution Buses with the above registration numbers. As per the provisions
of Section 14 of the National Highways Authority of India Act 1988, the
National Highways Authority has entered into an agreement with 3rd
Respondent appointed as its agent for discharging the state functions
contemplated under the provisions of the National Highways Authority of
India Act. The 3rd Respondent is the "State" for the purposes of Article 12 of
the Constitution of India.
3. The Government of India, Ministry of Shipping, Road Transport
and Highways, Department of Road Transport and Highways in exercise of
the powers conferred by Section 8A of the National Highways Act 1956 read
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with Rule 3 of the National Highways (Collection of Fees by any person for
the use of section of National Highways/Permanent Bridge/Temporary
Bridge on National Highway) Rules 1997, issued Notifications in S.O.
No.4752(E) dated 13.02.2009 and published the same in the Extraordinary
Issue of Part II, Section 3 (ii) of the Gazette of India No.293 dated
13.02.2009 and S.O. No.882(E) dated 30.03.2009 and published the same in
the Extraordinary Issue of Part II, Section 3 (ii) of the Gazette of India
No.545 dated 30.03.2009 fixing the rate of Base Fee per vehicle using the
National Highways.
4. The 2nd Respondent vide letter Ref:NHAI/13013/341/07-08/CO/GC
Salem, dated 07.08.2012, informed the Respondents herein regarding the
approval of revision of toll fee rate for the Salem-Komarapalayam Section of
National Highway 47 with effect from 01.09.2012. Along with this
communication, the notification issued by the Government of India was
enclosed.
5. The Respondents herein had been issuing monthly passes to the
vehicles of the Petitioner carrying students of the educational institutions on
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collection of Rs.1,000/- per month. A uniform concessional rate of
Rs.1,000/- was levied from all the vehicles carrying students to educational
institutions, whether the institutions are schools, polytechnics, colleges or
universities.
6. While being so, the 3rd Respondent, the Concessionaire of the
National Highways Authority of India, has sent Letter No.KTL/NHAI/2012-
001 dated 25.10.2012 addressed to the Principals of various colleges,
including the Institutions run by the Petitioner to the effect that since college
bus is not mentioned in the Gazette notification, the concessional rate of
Rs.1,000/- per month will be applicable only to school buses and Truck/Bus
carrying students and staff members to the colleges should pay at a higher
rate. Aggrieved by the same, the Petitioner has come up with the present Writ
Petition.
7. Learned counsel appearing for the Petitioner would submit that the
impugned order of the 3rd Respondent is unsustainable since it is contrary to
both Section 2(11) of the Motor Vehicles Act, 1988, and paragraph 7(ii) of
the notification dated 08.05.2009 issued by the Ministry of Shipping, Road
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Transport and Highways (Department of Road Transport and Highways)
published in the Gazette of India dated 08.05.2009.
8. Learned counsel further submitted that the provisions of the Motor
Vehicles Act treat all the vehicles carrying students and staff of all types of
educational institutions, such as schools, polytechnics, colleges and
universities on par. The permit for all the educational institution vehicles
carrying students and staff to schools, colleges and universities is issued
under the provisions of the Motor Vehicles Act only in one and the same
form, namely Form PEV, and different types of permits are not issued for
vehicles used for schools or colleges or universities.
9. Furthermore, the word "School" is used not only for the institutions
offering courses up to Higher Secondary classes but also for other
educational institutions offering higher education such as polytechnics,
colleges and universities, and there is no distinction between the vehicles
carrying students and staff to "schools" or "colleges".
10. It is submitted by the learned counsel for the petitioner that a
number of similar writ petitions have already been disposed of by this Court,
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and the writ appeals have been filed. In one of the batch of the writ appeals
in W.A.Nos.50 to 58 of 2013 and W.P.No.11731 of 2013 and W.P.No.30536
of 2015, by judgment dated 18.10.2024, the Division Bench of this Court
was pleased to dismiss the writ appeals and the writ petitions. Hence, this
writ petition is also liable to be dismissed.
11. Heard both sides and perused the materials available on record.
12. The judgment of the Division Bench of this Court in
W.A.Nos.50 to 58 of 2013 and W.P.No.11731 of 2013 and W.P.No.3056 of
2015 (Om Sri Vivekananda Educational Trust, rep. by its Authorized
Signatory, Attur Main Road, Ramalingapuram, Salem 636 106. Vs.
National Highways Authority of India, rep. by its Chairman, G 5&6,
Sector-10, Dwarka, New Delhi 110 075, which held as follows:
“4. Mr.Kandhan Duraisami, learned counsel
appearing for the appellant Educational Institutions i.e.
Colleges, have fairly submitted that, the similar issue arising
out of the same Circular had already been considered by a
Division Bench of this Court in the matter of Mahendra
College of Engineering, Attur Main Road, Minnampalli,
Salem and another Vs. The Government of India, represented
by its Secretary, Department of Road Transport and
Highways, Ministry of Shipping Road, Transport &
Highways, New Delhi in W.A.No.560 of 2014 etc. batch, by
judgment dated 25.04.2014. He has produced the copy of the
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said common judgment passed by the Division Bench, where
the learned Judges have held as follows:
“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 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
Single 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. 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.”
5. Therefore it has become clear that, a Coordinate
Bench already considered the issue and given a quietus
rejecting or repelling the grounds raised by the similarly
placed writ appellants in the said batch of cases, therefore this
batch of cases also have to face the same fate, accordingly all
these appeals have to fail including the writ petitions.
Therefore, these writ appeals and writ petitions are deserved
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to be dismissed accordingly are dismissed. However there
shall be no order as to costs. Consequently, connected
miscellaneous petitions are also dismissed.
The above judgment is squarely applicable to this case.
In view of the above ratio laid down by the Division Bench of this
Court in W.A.Nos.50 to 58 of 2013 and W.P.No.11731 of 2013 and
W.P.No.3056 of 2015, this writ petition stands dismissed. No costs.
Consequently, connected miscellaneous petition is closed.
10.02.2025
cda
Index : Yes/No
Speaking/Non Speaking order
To
1.The Chairman,
National Highways Authority of India,
G 5 & 6, Sector – 10,
Dwarka, 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.Kumarapalayam Tollways Limited,
Kambuliyampatti,
Vijayamangalam Post,
Perundurai Taluk,
https://www.mhc.tn.gov.in/judis
Erode District – 638 056.
J.SATHYA NARAYANA PRASAD, J.
cda
10.02.2025
https://www.mhc.tn.gov.in/judis
