P.Saravanan v. The Union Of India
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.01.2024 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY P.Saravanan .. Petitioner vs 1.Union of India, rep. by its Secretary, Ministry of Road Transport and Highways, Transport Bhavan, No.1, Parliament Street, New Delh-110 001.
2.National Highways Authority of India, rep. by its Chairman, G5 & 6, Sector 10, Dwarka, New Delhi-110 075.
3.Member (Finance), National Highways Authority of India, G5 & 6, Sector 10, Dwarka, New Delhi-110 075.
.. Respondents Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorarified mandamus calling for the
records pertaining to the Impugned Circular issued by the third respondent in Ref.No.NHAI/13013/CO/2019-20/197464 dated 15.01.2020 and quash the same and consequently direct the respondents to permit the discount provided under Rule 9 of the National Highways Fee (Determination of Rates and Collection) Rules, 2008 to the users of the Highway who pay the user fee by cash.
For the Petitioner : Mr.A.Mohamed Ismail For the Respondents : Mr.V.Chandrasekaran SPC for respondent No.1 : Mr.Su.Srinivasan for respondents 2 and 3
ORDER
(Order of the court was made by the Hon'ble Chief Justice) We have heard Mr.A.Mohamed Ismail, learned counsel for the petitioner; Mr.V.Chandrasekaran, learned SPC for respondent No.1; and, Mr.Su.Srinivasan, learned counsel for respondents 2 and 3.
2. The petitioner challenges the circular dated 15.1.2020, wherein the benefit of concession from the toll or user charge is restricted to the vehicles possessing FASTag.
3. It is submitted that, subsequently, on 24.8.2020, the Rules are also amended.
4. In view of the above, the impugned circular now would lose its efficacy.
5. At this juncture, learned counsel for the petitioner submits that the petitioner may challenge the amended Rules.
6. The aggrieved party can always challenge the amended Rules, as may be permissible under law.
7. With these observations, the writ petition is disposed
of. There shall be no order as to costs. Consequently, 2875 and 2876 of 2020 are closed.
(S.V.G., CJ.) (D.B.C., J.) 02.01.2024 Index :
Yes/No Yes/No bbr To 1.The Secretary, Union of India, Ministry of Road Transport and Highways, Transport Bhavan, No.1, Parliament Street, New Delh-110 001.
2.National Highways Authority of India, rep. by its Chairman, G5 & 6, Sector 10, Dwarka, New Delhi-110 075.
3.Member (Finance), National Highways Authority of India, G5 & 6, Sector 10, Dwarka, New Delhi-110 075.
THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY,J.
bbr 02.01.2024