Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Mad) 834

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
R. VIJAYAKUMAR, J.
M/s. Jayakrishna Flour Mill, Madurai, Represented by its Managing Director R.K. Mohan – Appellant
Versus
The Government of India, Represented by its Secretary, Ministry of Surface/Road Transport, New Delhi & Others – Respondents
W.P.(MD).No. 5617 of 2014 & MP(MD).No. 1 of 2014 & W.M.P(MD)No. 17387 of 2021 & W.M.P(MD)Nos. 4439, 4471 & 6043 of 2022
Decided on : 01-09-2022

Advocate Appeared:
For the Appellant :V. Ayyadurai for R. Ponkarthikeyan, Advocate
For the Respondents:S. Jayasingh, C. Arul Vadivel @ Sekar, P. Thambidurai, S. Meenakshi Sundaram, for C. Sasikumar, Advocates.

The power to grant exemption from toll fee lies with the Central Government and not with the court. The location of the Toll Plaza and the manner of toll fee collection for local vehicles had already been decided by the Supreme Court in a previous judgment.

Headnote:
Toll Fee Exemption - National Highways - Rule 8, Rule 3(4), Rule 9(3-A), Rule 9(4), Rule 1(3) - The court dismissed the writ petition seeking exemption from toll fee for the petitioner's mill and its hired vehicles at Kappalur Toll Plaza, Thirumangalam, Madurai District. The court held that the power to grant exemption lies with the Central Government and not with the court. The location of the Toll Plaza and the manner of toll fee collection for local vehicles had already been decided by the Supreme Court in a previous judgment. The court also found that there was no legal basis for the petitioner's exemption request.
Fact of the Case:

The petitioner sought a writ of Mandamus to exempt their mill and hired vehicles from paying toll fee at Kappalur Toll Plaza, claiming that they only used a small section of the National Highway and that the Toll Plaza's location was illegal.
Finding of the Court:

The court found that the exemption request did not fall within its jurisdiction and that the power to grant exemption lies with the Central Government. The court also noted that the location of the Toll Plaza and the toll fee collection had already been decided by the Supreme Court in a previous judgment.
Issues: The main issue was whether the court had the jurisdiction to grant exemption from toll fee for the petitioner's mill and its hired vehicles.
Ratio Decidendi: The court held that the power to grant exemption lies with the Central Government and not with the court. The court also found that the location of the Toll Plaza and the manner of toll fee collection for local vehicles had already been decided by the Supreme Court in a previous judgment.
Final Decision: The court dismissed the writ petition seeking exemption from toll fee for the petitioner's mill and its hired vehicles at Kappalur Toll Plaza, Thirumangalam, Madurai District. No costs were awarded and connected Miscellaneous Petitions were closed.

JUDGMENT :

(Prayer: This Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 and 2 to exempt the petitioner's mill and its hired vehicles from paying toll fee in NH 208 at Kappalur Toll Plaza, Thirumangalam, Madurai District.)

The present writ petition has been filed seeking a writ of Mandamus, directing the respondents 1 and 2 to exempt the petitioner’s mill and its hired vehicles from paying toll fee in NH 208 at Kappalur Toll Plaza, Thirumangalam, Madurai District.

2. According to the petitioner, they are running a flour mill for the past 25 years and the said mill is located very nearer to Kappalur Toll Gate, Thirumangalam, approximately at a distance of 500 meters. According to the petitioner, they are procuring raw materials from North India and shifting them in bags through railway wagons and they are stored at a goods shed in Koodal Nagar. Thereafter, they are shifted to their mill/warehouse through their own lorries and through hired vehicles.

3. According to the petitioner, the lorry is reaching their mill through different roads to Thirupparankundram to their factory without crossing National Highways road. The petitioner has further contended that they never use the National Highways road, NH 208 at any point of time, but only to the extent as stated above. The petitioner has further contended that they are using only the service road without using the National Highways. According to the petitioner, while using the service road, they have to cross the Toll Gate, for a distance of just 500 meters from Toll Gate to their mill, the respondent authorities have demanding full fees.

4. The petitioner has further contended that the previous licensee had accepted their genuine request and instructed the Toll Gate authorities not to collect toll fee for the above vehicles. However, after the appointment of a new licensee, they have started demanding toll fee for the vehicles, which is against the NHAI Rules and the instruction of the fourth respondent. The petitioner has further contended that on 21.10.2013, they have forcibly seized their lorry documents and JJ forms from the vehicles, which is highly illegal. Therefore, the petitioner has lodged a complaint to the Inspector of Police, Thirumangalam regarding the unruly behavior of Toll Gate personnel and to return the documents.

5. According to the petitioner, the procurement process of wheat will start from the month of April and the raw materials will start reaching Madurai Koodal Nagar Railway yard from April onwards. Thereafter, they have to shift the entire material within 9 hours to avoid any demurrage. Hence, the petitioners are engaging their own lorries and also hired vehicles for shifting the products fastly. Due to unlawful stoppage of the consignment and the Toll Gate, the petitioner mill losses Rs.6,300/- (Rupees Six Thousand and Three Hundred only) per hour and sometimes it may go up to a maximum of Rs.3,00,000/- (Rupees Three Lakhs only) laid as demurrage charges by the railway authorities.

6. The petitioner has further contended that the very location of the Toll Plaza at Kappalur is in violation of NHAI Rules, since it is located within just 1 km from Thirumangalam Municipality. The residents in and around Thirumangalam have been vehemently opposing the collection of toll on the road claiming that they use only service road and not the four line highway to reach Madurai. Hence, the petitioner had sought for a Mandamus, directing the respondents to exempt the petitioner's mill and its hired vehicles from paying the toll fee.

7. Contentions of the learned Senior Counsel appearing for the petitioner:

(i) The learned Senior Counsel appearing for the petitioner relied upon Rule 8 of National Highways Fee (Determination of Rates and Collection) Rules, 2008 and contended that as per the first proviso, a Toll Plaza cannot be located within 5 kms from the municipality or local town area limits. In the pres

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2022 Supreme(Mad) 834

The power to grant exemption from toll fee lies with the Central Government and not with the court. The location of the Toll Plaza and the manner of toll fee collection for local vehicles had already been decided by the Supreme Court in a previous judgment.

Cases Referred (1)