Jayalakshmi Institute of v. National Highways Authority

O R D E R The petitioner has filed this writ petition challenging the order of the 3rd respondent in Letter No.MVR/BOT/TN02/380 dated 18.10.2012, whereby it was decided to collect the toll fee with effect from 01.11.2012 onwards as approved by NHAI.

¶2The petitioner contends that, as per Gazette Notification No.720 -S.O.1178(E), the toll fee concession has been extended to buses operated by schools. According to the petitioner, the buses operated by the petitioner Page Nos.3/5 college are also entitled to the same concession, but the benefit has been denied.

¶3The issue raised in the present writ petition is no longer res integra. An identical issue came up for consideration before a Division Bench of this Court in W.A.Nos.50 to 58 of 2013, by judgment dated

18.01.2024, wherein the Division Bench, while referring to its earlier decision in Mahendra College of Engineering, Attur Main Road, Minnampalli, Salem and another v. Government of India in W.A. No.560 of 2014 etc. batch, dated 25.04.2014, held that the notification grants a concession exclusively to school buses and that colleges cannot claim the benefit as a matter of right. The Division Bench further held that a school and a college are distinct institutions and, when the language of the notification is clear and unambiguous, the Court cannot enlarge its scope by interpretation.

¶4In view of the authoritative pronouncement of the Division Bench, the relief sought by the petitioner cannot be granted. The issue stands concluded against the petitioner. Page Nos.4/5

¶5Accordingly, the writ petition is dismissed. Consequently, the connected miscellaneous petitions are closed. There shall be no order as to costs.

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¶1National Highways Authority of India Represented by its Chairman G 5 & 6, Sector-10 Dwarka, New Delhi – 110 075.

¶2The Project Director National Highways Authority of India 212-3/D3-1, Sri Nagar Colony Narasothipatti Salem – 636 004.

¶3M.V.R. Infrastructure and Tollways Pvt. Ltd., M.V.R. Toll Plaza Kottagoundampatty Omalur Taluk Salem District – 636 011. Page Nos.5/5 HEMANT CHANDANGOUDAR, J., mk

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Page Nos.1/5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 20.07.2026 CORAM THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR and M.P.Nos.1 & 2 of 2013 Jayalakshmi Institute of Technology Represented by its Authorized Signatory Thoppur Dharmapuri District 636 352. ... Petitioner vs. 1. National Highways Authority of India Represented by its Chairman G 5 & 6, Sector-10 Dwarka, New Delhi – 110 075. 2. The Project Director National Highways Authority of India 212-3/D3-1, Sri Nagar Colony Narasothipatti Salem – 636 004. 3. M.V.R. Infrastructure and Tollways Pvt. Ltd., M.V.R. Toll Plaza Kottagoundampatty Omalur Taluk Salem District – 636 011. … Respondents Page Nos.2/5 Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Certiorarified Mandamus, to call for the records of the respondents relating to the order of the 3rd respondent in Letter No.MVR/BOT/TN02/380 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-29/F-3366, TN-32/R-8555 on par with the entry fees for school buses carrying school students. For Petitioner : Mr.Muthumani Doraisami For Respondents : Mr.Su.Srinivasan, Standing Counsel, for R1 & R2 Mr.J.Kannan, for R3 *****