Petitioner challenged Fee Plaza construction on grounds of violating fee plaza spacing rules. Court noted a previous plaza is non-functional. Petitioner allowed to approach again if work resumes.
Petitioner directed to approach court if project work is resumed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P(MD)No.14633 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 24.11.2021
CORAM :
THE HONOURABLE TMT.JUSTICE PUSHPA SATHYANARAYANA and THE HONOURABLE THIRU.JUSTICE P.VELMURUGAN
W.P(MD)No.14633 of 2021 and WMP(MD)No.11568 of 2021
A.Irulandi
... Petitioner
vs.
(R4 is suo motu impleaded vide order dated 08.11.2021)
Page 1/4
W.P(MD)No.14633 of 2021
Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, directing the respondents to drop the proposed project work of Fee Plaza construction at Upparpatty Village in Dindigul-Theni-Kumuli Highways Road.
For Petitioner : Mr.N.S.Ponnaiah For R1 : Mr.P.Paulpandi Senior Panel Counsel for Union of India For R2 & R3 : Mr.C.Arul Vadivel @ Sekar For R4 : Mr.P.Subbaraj Special Government Pleader
ORDER
(Order of the Court was made by
PUSHPA SATHYANARAYANA, J. )
The writ petitioner has come up with the above writ petition, for a Mandamus, directing the respondents to drop the proposed project work of Fee Plaza construction at Upparpatty Village in Dindigul-Theni-Kumuli Highways Road.
''1. A Toll plaza was constructed in 2016 at Km 71/10 of NH 49 Extn (New NH 85), Madurai – Cochin Road near Theni at Arapadithevanpatti through the work of ''widening the existing two lane to Four lane from Km 19/8 to 24/4 & 64/0 to 74/0 of NH 49 Extn.''
Page 2/4
W.P(MD)No.14633 of 2021
21.10.2016 regarding fore-closure of construction of Toll plaza in the project costing less than 100 crore.
bala
To
The National Highways Authority of India, Government of India,
Ministry of Road Transport and Highways, 2nd & 3rd Floor, Vijay Krishna Plaza, No.1, Lake Area, Madurai Main Road, Mattuthavani, Madurai-625 007.
Page 3/4
W.P(MD)No.14633 of 2021
+1 CC to M/s.P. PAUL PANDI, Advocate ( SR-35737[F] dated 24/11/2021 )
+1 CC to M/s.C. ARUL VADIVEL @ SEKAR, Advocate ( SR-35835[F] dated 25/11/2021 )
+1 CC to M/s.SPL GP ( SR-35844[F] dated 25/11/2021 )
W.P(MD)No.14633 of 2021 DATED : 24.11.2021
MGJ(02.12.2021) 4P 8C
Page 4/4
1 issue framed by the court
Whether the proposed Fee Plaza construction violates Rule 8(2) of the National Highways Fee Rules due to proximity to an existing non-functional plaza.
2 provisions across 2 enactments
A.Irulandi
Commissioner, The National Highways Authority of India
Regional Officer, The National Highways Authority of India
Regional Project Director, The National Highways Authority of India
Divisional Engineer, State Highways Department, Madurai
PUSHPA SATHYANARAYANA
P.Velmurugan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
