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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, A.D.MARIA CLETE, JJ
T.S.R.Venkatraman – Appellant
Versus
The Union of India – Respondent
| Table of Content |
|---|
| 1. petitioner seeks declaration against rule 8. (Para 1 , 2) |
| 2. citations supporting fee collection regulations. (Para 4 , 5) |
| 3. union vs. state legislative powers discussed. (Para 6 , 10 , 11) |
| 4. court confirms validity of toll fees under union jurisdiction. (Para 12 , 15) |
| 5. conclusion where the writ petition is dismissed. (Para 16) |
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM, J.)
This writ of declaration has been instituted to declare Rule 8 of the National Highway Fee (Determination of Rate and Collection) Rules, 2008 as ultra virus to the Constitution of India and null and void.
2. The petitioner is an Ex-MLA and a practising Lawyer instituted the writ petition for declaration as stated above. The petitioner-in-person articulated his case mainly on the premise that collection of Toll through Toll Plaza is the exclusive power vest with the "State". Therefore, the present set of collection of fee through Toll Plaza by the National Highways Authority of India or through its agency is ultra virus to the Constitution of India .
3. To substantiate the arguments, the petitioner-in-person reminded the history regarding the development and collection of 'Toll' from
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