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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
HONOURABLE MR. JUSTICE P.VELMURUGAN, K.K.RAMAKRISHNAN
Virudhunagar District Bus Owners Association – Appellant
Versus
Government of Tamilnadu – Respondent
| Table of Content |
|---|
| 1. challenges on toll fee ratification and refund. (Para 1 , 2 , 3 , 6) |
| 2. authority for fund utilization in public projects. (Para 4) |
| 3. retrospective authorization issues. (Para 7 , 8) |
| 4. jurisdictional boundaries in toll collection. (Para 12 , 19 , 26 , 30) |
| 5. arguments regarding excessive toll collection and public finance. (Para 18 , 22 , 34) |
JUDGMENT :
P.VELMURUGAN, J.
Virudhunagar District Bus Owners Association filed a writ petition in W.P(MD)No.6216 of 2011 and Madurai District Bus Association filed a writ petition in W.P(MD)No.6217 of 2011. Since both the writ petitions are arising out of the same cause of action, both the writ petitions were taken up together and disposed of by way of a common order. Writ petitions were filed challenging the ratification issued by the first respondent and both the writ petitions were partly allowed by the writ Court on 03.10.2014 holding that the ratification is illegal and quashed the said ratification, however denied the refund.
2. Challenging the quashing of the ratification order, the second respondent therein Madurai Corporation filed the writ appeals in W.A(MD)Nos.8 and 9 of 2015 and challenging the denial of refund, the wr
The court determined that irregular actions can be ratified, validating past toll fee collections, but declared the government’s excess utilization of funds for projects not directly related to maint....
Point of Law - Where civil rights of a party seeking for police protection in writ proceedings have already been duly finalized in civil litigative proceedings and they have secured decrees of court,....
Parties to a contract must adhere to its terms despite unforeseen circumstances like force majeure, and disputes arising from such a contract should be resolved through contractual mechanisms, not ju....
The initial fixation of toll fees does not impede the right to revise fees on the next permissible date if procedural guidelines are followed.
Retrospective recovery of amounts by public authorities must adhere to established tender conditions and principles of natural justice.
Point of Law : Commercial Vehicles - Toll plazas/posts/barriers - Collection of Toll Tax – Whether rights of petitioner is violated - Conduct of parties is governed by the Contract Agreement and the ....
Retrospective recovery of amounts under an executive order is impermissible without following due process and the principles of natural justice.
Limited judicial review in contractual matters, and the requirement for the decision-making authority to consider all relevant material before passing an order.
Rule 3A of the Jharkhand Highways Fee Rules requires notifications for Composition User Fee levy; its absence invalidates the fee under the Indian Toll Act, emphasizing requirements for legal taxatio....
For applying the maxim actus curiae neminem gravabit it has to be shown that any party has been prejudiced on account of any order passed by the Court.
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