Essel Walajahpet Poonamallee v. State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.02.2015
CORAM
The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE M.M.SUNDRESH W.P.No.27064 of 2014 EsselWalajahpet Poonamallee Toll Road Private Limited, Rep. By Authorised Signatory, Mr.T.Kathiresan.
.. Petitioner -vs1.The State of Tamil Nadu Rep. By Principal Secretary to Govt., Dept. Of Transport, Secretariat, Fort ST. George, Chennai.
2.Metropolitan Transport Corporation, (Chennai) Rep. By its Managing Director, Pallavan House, Anna Salai, Chennai- 600 002.
3.The Managing Director Tamil Nadu State Transport Corporation Villupuram Division, Salamedu, Villupuram.
4.The Managing Director Tamil Nadu State Transport Corporation Salem Division, Salem.
5.The General Manager (CO) National Highways Authority of India, Ministry of Road Transport and Highways, G-5 & 6 Sector 10, Dwarka, New Delhi.
.. Respondents Petition under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to direct respondents 2 3 and 4 to implement the directions given by the 5th respndent in its communication NHAI/11015/118/11/RO Chennai/2132 dated 27.6.2014 addressed to the 1st respondent and to consequently pay the arrears of Rs.1 35 61 277/- Rs.3 30 96 543/- and Rs.13 88 844/- respectively due to the petitioner on account of past dues towards Toll Fee and to also pay the Toll fees as per the 5th respondents notifications issued from time to time fixing the scale of rates.
For Petitioner : Mr.P.R.Raman For Respondents : Mr.S.T.S.Moorthy Govt. Pleader for R-1 : Mr.M.Chidambaram for R-2 : Mr.P.Paramasivadoss for R-3 : Mr.R.K.Gandhi for R-4 : Mr.P.Wilson, A.S.G.
for M/s.P.Wilson Asso. For R-5
O R D E R
(Order of the Court was made by The Hon'ble Chief Justice) The petitioner / Concessionaire seeks directions against respondents 2 to 4 to comply with the rules, as laid down by the 5th respondent / NHAI towards payment of toll charges, as it is alleged that much amount has accumulated. The current dues, as per letters dated 09.01.2015 to respondents 2 to 4, are stated to be as under: Unpaid Trips and Pending pass amount for Nemili, Sriperumbudur Toll Plaza, from respondent no: 2 Sl.No Months Unpaid Trips Unpaid Amount considering as monthly pass Total Unpaid amount as on 31st December June 2013-July 1,26,081 1,24,55,198 August 2014 10,770 11,06,079 September 2014 11,194 11,49,624 Rs.
1,83,88,48 October 2014 12,591 12,93,096 November 2014 12,343 12,67,626 December 2014 10,875 11,16,863 Unpaid Trips and Pending pass amount for Nemili, Sriperumbudur Toll Plaza, from respondent no: 3 Sl.No TNSTC Regional office Unpaid Trips June 2013 to 31st Dec., Unpaid Amount considering as monthly pass Total Unpaid amount as on 31st December Vellore 47,513 47,86,809 Rs.
Sl.No TNSTC Regional office Unpaid Trips June 2013 to 31st Dec., Unpaid Amount considering as monthly pass Total Unpaid amount as on 31st December Vellore 2,18,133 1,90,99,344 Rs.2,49,11,20 Kanchipuram 27,279 24,06,282 Tiruvannamalai 38,973 34,05,580 Unpaid Trips and Pending pass amount for Nemili, Sriperumbudur Toll Plaza, from respondent no: 4 Sl.No TNSTC Regional office Unpaid Trips June 2013 to 31st Dec., Unpaid Amount considering as monthly pass Total Unpaid amount as on 31st December Dharmapuri 8,219 8,28,651 Salem 2,083 2,08,403 Rs.10,37,053 Unpaid Trips and Pending pass amount for Chennasamudram, Walajapet Toll Plaza, from respondent no: 4 Sl.No TNSTC Regional office Unpaid Trips June 2013 to 31st Dec.
, Unpaid Amount considering as monthly pass Total Unpaid amount as on 31st December Dharmapuri 10,642 9,43,825 Salem 1,333 1,12,439 Rs.10,56,264 2.In the common order passed today in W.P.Nos.16218 and 21637 of 2013, we have already issued directions for the Government to clear the dues within six (6) weeks, failing which the plying of their buses can be stopped, as the problem of maintenance of roads is inter-linked to the failure of these State enterprises to pay the toll charges.
3.In view of the said directions, nothing survives in the present proceedings.
4.The Writ Petition stands disposed of with the direction to clear the amounts in terms of the order passed in W.P.Nos.16218 and 21637 of 2013.
5.List for compliance on 19.03.2015. The compliance report be filed three days before the next date of hearing. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar
sra To 1.The Principal Secretary to Govt., State of Tamil Nadu Dept. Of Transport, Secretariat, Fort ST. George, Chennai.
2.The Managing Director, Metropolitan Transport Corporation, (Chennai), Pallavan House, Anna Salai, Chennai. 3.The Managing Director Tamil Nadu State Transport Corporation Villupuram Division, Salamedu, Villupuram.
4.The Managing Director Tamil Nadu State Transport Corporation Salem Division, Salem.
5.The General Manager (CO) National Highways Authority of India, Ministry of Road Transport and Highways, G-5 & 6 Sector 10, Dwarka, New Delhi.
6. The Section Officer, Writ Section, High Court, Madras. (for posting the case on 19.03.2015) + 1 cc to Mr.M.Chidambaram, Advocate SR.5370 + 1 cc to Mr.R.K. Gandhi, Advocate SR.5848 + 1 cc to Mr.P. Paramasiva Doss, Advocate Sr.5882 W.P.No.27064 of 2014 BVR(CO) Eu 10.02.15