Petitioner sought equality between school and college bus toll concessions. Quashing college denial of school bus concessions.
Petitions dismissed; no costs awarded. Tolls to remain as per existing notification.
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.
Writ Petition Nos.23756 and 23757 of 2013
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 8/9/2022
C O R A M
THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR
Writ Petition Nos.23756 and 23757 of 2013
Sri Ganesh College of Arts & Science rep. By its Authorised Signatory Kamaraj Nagar Colony Ammapet Salem 636 014. ... Petitioner in both the writ petitions
Vs
Respondents in W.P.No. 23756 of 2013
a n d
Page No:1/6
Writ Petition Nos.23756 and 23757 of 2013
PRAYER in W.P.No.23756 of 2013 : Petition filed under Article 226 of
the Constitution of India praying for the issuance of a writ of certiorarified mandamus to call for the records of the respondents relating to the order of the third respondent in Letter No.MVR/BOT/TN02/379 dated 18/10/2012 and quash the same and direct the respondents herein to collect entry fees at toll plaza for the educational institution vehicles of the petitioner herein namely TN-30-D-2889, TN-27-P-4884, TN-29-P-8899, TN-30-Y-9909, TN-
Page No:2/6
Writ Petition Nos.23756 and 23757 of 2013
59-V-7779, TN-34-B-3040, TN-46-B-6397, TN-30-H-7989, TN-30-E-9093,
TN-34-C-7677, etc., on par with the entry fees for school buses carrying school students.
PRAYER in W.P.No.23757 of 2013 : Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Declaration to declare the benefit of paragraph 7 (b) (ii) of the Notification of the first respondent in S.O.1178 (E) dated 8/5/2009 published in the Extraordinary Issue of Part II, Section 3, sub-Section (ii) of the Gazette of India No.720 dated 8/5/2009 is available to all the “educational institution buses” as defined in Section 2 (11) of the Motor Vehicles Act and not only for 'school
buses'.
For Petitioner ... Mr.Kandhan Duraisami For respondents ... M/s.P.Wilson & Associates for R.R.1 and 2. Mr.J.Kannan for R.3.
O R D E R
Writ Petition No.23756 of 2013 has been filed to quash the order of the third respondent in Letter No.MVR/BOT/TN02/379 dated 18/10/2012 and direct the respondents herein to collect entry fees at toll plaza for the educational institution vehicles of the petitioner herein namely TN-30-D2889, TN-27-P-4884, TN-29-P-8899, TN-30-Y-9909, TN-59-V-7779, TNhttps://www.mhc.tn.gov.in/judis Page No:3/6
Writ Petition Nos.23756 and 23757 of 2013
34-B-3040, TN-46-B-6397, TN-30-H-7989, TN-30-E-9093, TN-34-C-7677,
etc., on par with the entry fees for school buses carrying school students.
benefit of paragraph 7 (b) (ii) of the Notification of the first respondent in S.O.1178 (E) dated 8/5/2009 published in the Extraordinary Issue of Part II, Section 3, sub-Section (ii) of the Gazette of India No.720 dated 8/5/2009 is available to all the “educational institution buses” as defined in Section 2 (11) of the Motor Vehicles Act and not only for 'school buses'.
Page No:4/6
Writ Petition Nos.23756 and 23757 of 2013
notice of this Court, the judgment rendered by a Division Bench of this Court in Writ Appeal Nos.560, 561, 563 and 564 of 2014 dated 25.04.2014 which is against the petitioner. The relevant portion reads as follows:-
“5. We do not find any reason to entertain the writ appeals. The notification is very clear. When there is no ambiguity in the words / terms used by an authority, then the Court of law shall not venture to interpret the same in a different way. Admittedly, a school is different from a college. A school student is also different from a college student. The notification is only a concession given to the school students. The appellant cannot seek the same as a matter of right. The power of judicial review in such matters is very limited. The learned Singe Judge, has taken note of the law governing the issues raised, while passing the impugned order and we find no infirmity in the impugned order....”
N. SATHISH KUMAR, J
mvs. 6.Such view of the matter, as the issue has already been decided by
the Division Bench of this Court, and the orders are also filed to that effect,
https://www.mhc.tn.gov.in/judis Page No:5/6
Writ Petition Nos.23756 and 23757 of 2013
nothing survives in these petitions for further adjudication. These Writ Petitions stand dismissed accordingly. No costs.
8/9/2022
Index : Yes / No Internet: Yes Speaking/non speaking order
mvs.
W.P.Nos.23756 and 23757 of 2013
8/9/2022
https://www.mhc.tn.gov.in/judis Page No:6/6
1 issue framed by the court
Whether educational institution buses of colleges should receive toll concessions equivalent to school buses under the Notification and Motor Vehicles Act definition.
Colour shows how this judgement treated each authority
Writ Appeal Nos.560, 561, 563 and 564 of 2014Followed¶45
2 provisions across 2 enactments
Sri Ganesh College of Arts & Science
National Highways Authority of India
M.V.R.Infrastructure and Tolways Pvt Ltd
N. SATHISH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
