Freedom Concept School v. Union Of India

In the High Court of Judicature at Madras Dated: 17.08.2015 Coram:

The Honourable Mr. SANJAY KISHAN KAUL, Chief Justice and The Honourable Mr. Justice T.S.SIVAGNANAM Writ Petition No.16625 of 2015 Freedom Concept School under Manickavasagam Education Trust rep. by its Trustee Mr.M.Thiruvarul Peaceville NH-46, Chennai Bangalore Highways Poigai, Vellore District - 632114.

.. Petitioner vs.

1. Union of India rep. by its Secretary Ministry of Road, Transport and Highways New Delhi.

2. National Highways Authority of India rep. by its Chairman G-5 & 6, Sector - 10, Dwarka New Delhi 110 075.

3. Larsen & Toubro Krishnagiri Wallajahpet Tollway Pvt. Ltd.

P.B.No.979, Mount Poonamallee Road Manapakkam, Chennai - 600 089.

.. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Declaration, declaring Rules 4 and 5 of the National Highways Fee (Determination of Rates and Collection) Rules, 2008 as void and ultravires to the Scheme of National Highways Act of 1956.

For Petitioner : R. Karunagaran For Respondents : Mr. P. Saravanan for R1 Mr. Su. Srinivasan Asst. Solicitor General for R2 No Appearance for R3

O R D E R

(Made by The Hon'ble The Chief Justice) Learned counsels for the first and second respondents have entered appearance and have raised an objection to the maintainability of the petition as framed.

2. It is the submission of the first two respondents that: (i) the grounds in the petition do not even state as to which provision of the National Highways Act, 1956, has been violated by Rules 4 and 5 of the National Highways Fee (Determination of Rates and Collection) Rules, 2008 and Collection) Rules, 2008; (ii) ground (a) makes a reference to the Notification dated 05.10.2010 issued vide S.O.2417(E) as irrational and unjust, but there is no challenge laid to that Notification; and (iii) in para 9, production of the original gazette notification is sought to be dispensed with with the copy only being filed, but the copy of the notification filed is not of the aforesaid notification and an inapplicable notification under the earlier rules for a different highway.

3. On hearing the learned counsel for the parties, we do believe that the petition as framed is not maintainable. It is very casual, does not deal with specifics and a challenge to statutory rules cannot be made in this manner. It would be well-nigh impossible for the respondents to file counter-affidavit in view of this nature of the pleadings.

4. We, thus, dismiss the writ petition. However, with liberty to the petitioner to file a proper petition in accordance with law, if so advised. No costs.

Sd/- Assistant Registrar True Copy Sub Assistant Registrar ATR

Copies to;

1. The Secretary Union of India Ministry of Road, Transport and Highways New Delhi.

2. The Chairman National Highways Authority of India G-5 & 6, Sector - 10, Dwarka New Delhi 110 075.

1 cc to M/s.M.T.Arunan, Advocate Sr.No.43163 1 cc to Mr. R. Karunagaran, Advocate Sr.No.44002 W.P. No. 16625 of 2015 ppa(co) pmk.27.8.2015