Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K.ILANTHIRAIYAN
Libin Ponnuswamy Leela – Appellant
Versus
National Highways Authority of India (NHAI) – Respondent
| Table of Content |
|---|
| 1. background of impugned restriction order (Para 1 , 2 , 4) |
| 2. arguments on legality of restriction (Para 5 , 6 , 7) |
| 3. court analysis of relevant statutory provisions (Para 8 , 9 , 10 , 11 , 12 , 13 , 14 , 16 , 17 , 18 , 19) |
| 4. detailed interpretation of s.115 mv act (Para 20 , 21 , 22 , 23 , 24) |
| 5. conclusion on lack of jurisdiction (Para 25 , 26 , 27) |
ORDER :
G.K.ILANTHIRAIYAN, J.
This writ petition has been filed challenging the order passed by the fifth respondent dated 10.04.2026, whereby the operation of trucks carrying mining materials through Kanyakumari District has been restricted till the completion of the Kaliakkavilai to Kanyakumari National Highway expansion work (NH-47 from 43.000 kms to 96.714 kms).
2.The petitioner is operating 14-wheel and 18-wheel trucks with national permits. The petitioner had purchased the said trucks under hypothecation agreements by availing loans. The petitioner has been transporting construction materials such as cement, steel, rough stones, jelly stones, sand, M-sand, bricks, and chamber materials in and around Kanyakumari District and also to the State of Kerala with valid transit permits.
3.While so, the fourth respondent passe
State authorities cannot impose restrictions on National Highways as this power is vested exclusively with the Central Government.
When a challenged administrative order has already been quashed in a separate proceeding, the court may dispose of the current petitions while issuing directions to administrative authorities to main....
Public authorities must adhere to statutory procedures before imposing restrictions on public road access; failure to do so renders such restrictions unlawful.
The court upheld the notification restricting heavy vehicle operation on narrow roads, affirming its legality under the Motor Vehicles Act.
Power of State Governments to make rules in respect of minor minerals and rules for preventing illegal mining, transportation and storage of minerals - State Government has no legislative competence ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
