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2026 Supreme(Online)(Ker) 9074

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
ASHARAF MOHAMMED ALIAS ASHARAF KARLA – Appellant
Versus
PROJECT DIRECTOR NATIONAL HIGHWAYS AUTHORITY OF INDIA - NHAI – Respondent


Advocates:
For the Appellants/Petitioners: SRI.P.E.SAJAL, SRI.MUHAMMED HISHAM T., SMT.FATHIMA RINSHA T.P., SRI.G.SREEKUMAR (CHELUR), SRI.JITHIN BABU A, SRI.ARUN SAMUEL, SRI.ANOOD JALAL K.J., SMT.NIMMY JOHNSON
For the Respondents: SMT.KRISHNA S., CGC, SHRI.LEJO JOSEPH GEORGE, SRI.RAJEEV JYOTHISH GEORGE-GP, SRI.M.SASINDRAN-R3, SRI.K.S.BHARATHAN-R4, SRI.BIDEN CHANDRAN-R2-SC, O.M.SHALINA, DEPUTY SOLICITOR GENERAL OF INDIA

JUDGMENT

In all these writ petitions, the petitioners had questioned, the sanction and establishment of toll plaza at CH. 37+200 (Kumbla) National Higway 66. A further relief is sought to restrain the respondents from commencing work at the temporary toll plaza, without compliance with the prescribed rules and also to direct relocation of the toll plaza to a distance of 60 kilometres away.

2. During the pendency of these writ petitions, a fresh order has been issued by the Government of India dated 04.02.2026, indicating that the competent authority has decided to immediately stop the operation and fee collection at the fee plaza at CH 37+200 on the Thalappadi-Chengala Neeleswaram section of NH 66 from CH 17+200 to CH 85+575 in the State of Kerala. The NHAI has also been directed to ensure compliance with the directions of the Competent Authority.

3. In view of the above referred order, the reliefs prayed for in these writ petitions have practically become infructuous.

4. The learned counsel for the petitioners however, submitted that he has filed I.A. No.2 of 2026 seeking demolition of the toll plaza and allied barricades already constructed across the road in compliance with the or

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