SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2026 Supreme(Online)(Mad) 25533

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Sushrut Arvind Dharmadhikari, CJ, N.Sathish Kumar, J
AR.Jeyarhuthran – Appellant
Versus
The National Highways Authority of India (NHAI) – Respondent
W.P.(MD) No.26000 of 2025|W.M.P.(MD) No.20393 of 2025



Advocates:
For the Appellants/Petitioners: Mr.A.R.Jeya Rhuthran Party-in-Person
For the Respondents: Mr.Karthick Standing Counsel for R1, Mr.K.Govindarajan Deputy Solicitor General of India for R2, Mr.S.P.Maharajan Spl. Government Pleader for R4 R5 R8 & R9, Mr.T.Senthil Kumar Additional Public Prosecutor for R6 & R7

Writ court cannot decide disputed facts without pleadings and evidence; limited to affidavits submitted.

Headnote:The petition under Article 226 seeks mandamus for highway maintenance commensurate with tolls collected, prohibition of events and constructions near the highway, and strict toll enforcement without arbitrary exemptions. Court examined counter-affidavits asserting concessionaire's maintenance duties and FASTag compliance under National Highway Fee Rules, 2008, Rule 11. No evidence of violations provided by petitioner. Issues framed as unsubstantiated claims lacking pleadings and proof. Court held writ jurisdiction limited to affidavits; cannot resolve disputed facts without evidence, relying on Supreme Court precedent restricting findings to pleaded case. Writ petition dismissed for absence of specific violations or substantiation. Directions issued for hassle-free toll plazas and lawful exemptions.

Table of Content
1. writ dismissed for lack of pleadings and evidence; directions for compliance. (Para 9 , 6 , 7 , 8 , 9 , 10)
2. petitioner's broad public interest claims restricted to toll exemptions. (Para 1 , 2 , 3)
3. concessionaire ensures maintenance and lawful fastag toll collection. (Para 5)

9.The Assistant Director The District Town and Country Planning (DTCP) Office Koodalpudur, Madurai-625 017 ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents 1 and 3 to ensure proper maintenance, safety standards, and upgradation of the Kappalur-Uthangudi (Madurai Outer Ring Road) National Highways commensurate with the toll charges collected; and to ensure smooth, uninterrupted and hassle-free travel, to the toll-paying commuters and direct all the respondents to prohibit the conduct of political rallies, religious congregations, processions, cultural events, as well as the construction of marriage halls, community halls, commercial complexes, malls, or any similar establishments and further to revoke any permissions or licenses already granted for such establishments, which are situtaed abutting or in the immediate vicinity of the Kappalur-Uthangudi (Madurai Outer Ring Road) National Highways-areas that experience heavy vehicular movement and to ensure strict implementation of the provision that no arbitrary exemption is granted to political convoys or private individuals, except those expressly exempted under law.

For Petitioner : Mr.A.R.Jeya Rhuthran Party-in-Person For Respondents : Mr.Karthick Standing Counsel for R1 Mr.K.Govindarajan Deputy Solicitor General of India for R2 No appearance for R3 Mr.S.P.Maharajan Spl. Government Pleader for R4, R5, R8 & R9 Mr.T.Senthil Kumar Additional Public Prosecutor for R6 & R7 O R D E R [Order of the court was made by the HON'BLE CHIEF JUSTICE]

The petitioner, appearing in person, has filed this writ petition, styled as public interest litigation, seeking issuance of a writ of mandamus directing respondent Nos.1 and 3 to ensure proper maintenance, safety standards, and upgradation of the Kappalur-Uthangudi (Madurai Outer Ring Road) National Highways commensurate with the toll charges collected; and to ensure smooth, uninterrupted, and hassle-free travel, to the toll-paying commuters and direct all the respondents to prohibit the conduct of political rallies, religious congregations, processions, cultural events, as well as the construction of marriage halls, community halls, commercial complexes, malls, or any similar establishments, and further to revoke any permissions or licenses already granted for such establishments, which are situated abutting or in the immediate vicinity of the Kappalur-Uthangudi (Madurai Outer Ring Road) National Highways-areas that experience heavy vehicular movement and to ensure strict implementation of the provision that no arbitrary exemption is granted to political convoys or private individuals, except those expressly exempted under law.

2. Though petitioner seeks omnibus prayers by way of this public interest litigation, he restricts his challenge only to ensure proper maintenance, safety standards, and upgradation of the Kappalur-Uthangudi (Madurai Outer Ring Road) National Highways commensurate with the toll charges collected; and to ensure smooth, uninterrupted and hassle-free travel to the toll-paying commuters; and direct all the respondents to prohibit the conduct of political rallies, religious congregations, processions, cultural events and to ensure strict implementation of the provision that no arbitrary exemption is granted to political convoys or private individuals, except those expressly exempted under law.

3. Even as per the earlier order dated 19.9.2025, passed in this writ petition, the prayer is too wide, vague and unsubstantiated, except for the grievance pertaining to congestion in the toll plaza by various cars, which form part of convoys of persons

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

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

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top