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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
WP(C) NO. 2828 OF 2026 | WP(C) NO. 32529 OF 2025 | WP(C) NO. 33352 OF 2025 | WP(C) NO. 36015 OF 2025



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

Writ petitions became infructuous due to the government halting toll plaza operations, leaving petitioners free to take further action if necessary.

Headnote:STATUTE ANALYSIS: The relevant statutory provisions governing the establishment of toll plazas on national highways were examined in light of the petitioners' grievances. FACTS OF THE CASE: The petitioners challenged the sanction for a toll plaza at CH. 37+200 on NH 66 and sought to prevent work without compliance with rules, citing potential relocation. FINDINGS OF COURT: The Government of India ordered to halt operations at the disputed toll plaza during the petition's pendency. ISSUES: The court assessed whether the petitioners' requests were moot given post-filing developments. RATIO DECIDENDI: It was determined that the petitioners' applications lost relevance following the Government's recent directives. RESULT: Therefore, this writ petition is declared infructuous.

Table of Content
1. the establishment of the toll plaza and the petitioners' concerns. (Para 1)
2. government's directive to halt toll operations alters case relevance. (Para 2)
3. relief requests become moot, allowing future legal actions by petitioners. (Para 3 , 4 , 5)

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 order dated 04.02.2026 so as to ensure free, unobstructed and safe movement of vehicles.

5. The relief now sought for by the learned counsel, for dismantling the structures is beyond the scope of this writ petition. However, it is seen from the order dated 04.02.2026, produced as Ext.P9, that the NHAI has been directed to ensure prompt compliance with the directions of the Competent Authority. Obviously, the NHAI is bound to comply with the said directions. Therefore, the directions now sought for is a matter to be considered by the NHAI in the light of the order dated 04.02.2026.

6. Be that as it may, in view of the order dated 04.02.2026 these writ petitions have become infructuous and the liberty of the petitioners to initiate appropriate action, if they are aggrieved by any consequent action of the NHAI or the Competent Authority can be left open.

Accordingly, these writ petitions are closed as infructuous, reserving the liberty of the petitioners to initiate appropriate action, if in case they are aggrieved by any consequential failure of NHAI or the Competent Authority.

Sd/-

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