Salem Sowdeswari College, v. The National Highways Of India
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
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.MVR/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
O R D E R
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.MVR/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. Page No.2 of 6
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 Page No.3 of 6
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 To 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 Page No.4 of 6
3.M.V.R.Infrastructure and - Toll-ways Pvt. Ltd., M.V.R.Toll Plaza Nottagoundampatty Omalur Taluk Salem District Page No.5 of 6
N.SATHISH KUMAR, J.
kas 07.09.2022 Page No.6 of 6