P.Balasubramanian v. The National Highways

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.07.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and M.P.(MD)No.1 of 2015 P.Balasubramanian ... Petitioner -Vs1.The National Highways Authority of India, National Highways, 7, Nanguneri Toll Gate, Tirunelveli District, Nagnuneri.

2.Ramya Toll Road Pvt. Ltd., Collection of Toll of National Highways, NH-7, Near Village Nanguneri, Tirunelveli District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents not to collect any 1/4

additional charges in the account of overweight without Certificate of Weighbridge of Toll Plaza or any other charges as overweight charges and consequently, direct to prescribe unambiguous policy in collection of toll for overweight.

For Petitioner : No Appearance For R1 : Mr.C.Arulvadivel @ Sekar, Standing Counsel for M/s.C.Arulvadivel Associates For R2 : Mr.P.Ganapathi Subramanian

ORDER

None appears for the petitioner.

2.The learned Standing Counsel appearing for the 1st respondent clarifies that the charges are now collected as per the National Highways Fee (Determination of Rates and Collection) Rules, 2008, as amended from time to time. If the vehicles are over loaded, overweight charges will have to be collected. It is further asserted that weighing bridge has been installed near the toll plaza in question.

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3.However, no relief can be granted against the 2nd respondent, because the 2nd respondent is no longer a concessionaire. 4.Recording the same, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 14.07.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No Yuva 3/4

G.R.SWAMINATHAN, J.

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