Toll PlazasToll PlazasMR JUSTICE N. ANAND VENKATESH WP Nos.31006, 31010, 31012,
- Toll Plazas belonging to the petitioners. The directions issued by this Court shall be complied with and the Police shall ensure that no undue pressure is exerted on the Toll Plazas
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08-07-2025
CORAM
THE HONOURABLE MR JUSTICE N. ANAND VENKATESH
WP Nos.31006, 31010, 31012, 
31044 & 31046 of 2024
AND
WMP Nos.33612, 33613, 33616, 33617, 33620, 33621, 33625,
33662, 33664, 33665 & 33666 of 2024
WP No.31006 of 2024:
1.M/s.Madurai – Kanyakumari Tollway
Private Limited
B-376, Upper Ground Floor, Nirman Vihar, New Delhi 110 092.
2.M/s. Kanyakumari – Etturavattam Tollway Private Limited
B-376, Upper Ground Floor, Nirman Vihar, New Delhi 110 092.
3.M/s. Salaipudhur – Madurai Tollway
Private Limited
B-376, Upper Ground Floor, Nirman Vihar, New Delhi 110 092.
4.M/s. Nanguneri – Kanyakumari Tollway Private Limited
B-376, Upper Ground Floor, Nirman
Vihar, New Delhi 110 092
Petitioner(s)
Vs
1. Tamil Nadu State Transport
Corporation
Through The Chairman And Managing
Director Transport Department
Government Of Tamil Nadu Chennai
Secretariat, Chennai City North Chennai Tamil Nadu 600 009
2.National Highways Authority Of India
National Highways Authority Of India,
Office Of The Project Director Plot No
3surya Towers 2nd Floor, 1st East
Street, K.K. Nagar, Madurai 625 020
3.State Of Tamil Nadu
Through Secretary To The Government
Fort St. George, Chennai Tamil Nadu
600 009 India
Respondent(s)
WP No. 31010 of 2024
1. M/s.Madurai – Kanyakumari Tollway
Private Limited
B-376, Upper Ground Floor, Nirman Vihar, New Delhi 110 092
2. M./s. Kanyakumari – Etturavattam
Tollway Private Limited
B-376, Upper Ground Floor, Nirman Vihar, New Delhi 110 092
3.M/s. Salaipudhur – Madurai Tollway Private Limited
B-376, Upper Ground Floor, Nirman Vihar, New Delhi 110 092
4.M/s. Nanguneri – Kanyakumari
Tollway Private Limited
B-376, Upper Ground Floor, Nirman
Vihar, New Delhi 110 092
Petitioner(s)
Vs
1. Tamil Nadu State Transport
Corporation
Through The Chairman And Managing
Director Transport Department
Government Of Tamil Nadu Chennai
Secretariat, Chennai City North Chennai Tamil Nadu 600 009
2.National Highways Authority Of
India
National Highways Authority Of India,
Office Of The Project Director Plot No
3surya Towers 2nd Floor, 1st East
Street, K.K. Nagar, Madurai 625 020
3.State Of Tamil Nadu
Through Secretary To The Government
Fort St. George, Chennai Tamil Nadu
600 009 India
Respondent(s)
WP No. 31012 of 2024
1. M/s.Madurai – Kanyakumari Tollway
Private Limited
B-376, Upper Ground Floor, Nirman Vihar, New Delhi 110 092.
2. M./s. Kanyakumari – Etturavattam Tollway Private Limited
B-376, Upper Ground Floor, Nirman Vihar, New Delhi 110 092
3.M/s. Salaipudhur – Madurai Tollway
Private Limited
B-376, Upper Ground Floor, Nirman Vihar, New Delhi 110 092
4.M/s. Nanguneri – Kanyakumari Tollway Private Limited
B-376, Upper Ground Floor, Nirman
Vihar, New Delhi 110 092
Petitioner(s)
Vs
1. Tamil Nadu State Transport
Corporation
Through The Chairman And Managing
Director Transport Department
Government Of Tamil Nadu Chennai
Secretariat, Chennai City North
Chennai Tamil Nadu 600 009
2.National Highways Authority Of India
National Highways Authority Of India,
Office Of The Project Director Plot No
3surya Towers 2nd Floor, 1st East
Street, K.K. Nagar, Madurai 625 020
3.State Of Tamil Nadu
Through Secretary To The Government
Fort St. George, Chennai Tamil Nadu
600 009 India
Respondent(s)
WP No. 31014 of 2024
1.M/s.Madurai – Kanyakumari Tollway Private Limited
B-376, Upper Ground Floor, Nirman Vihar, New Delhi 110 092
2.M./s. Kanyakumari – Etturavattam
Tollway Private Limited
B-376, Upper Ground Floor, Nirman Vihar, New Delhi 110 092
3.M/s. Salaipudhur – Madurai Tollway Private Limited
B-376, Upper Ground Floor, Nirman Vihar, New Delhi 110 092
4.M/s. Nanguneri – Kanyakumari
Tollway Private Limited
B-376, Upper Ground Floor, Nirman
Vihar, New Delhi 110 092
Petitioner(s)
Vs
1. Tamil Nadu State Transport
Corporation
Through The Chairman And Managing
Director Transport Department
Government Of Tamil Nadu Chennai
Secretariat, Chennai City North Chennai Tamil Nadu 600 009
2.National Highways Authority Of
India
National Highways Authority Of India,
Office Of The Project Director Plot No
3surya Towers 2nd Floor, 1st East
Street, K.K. Nagar, Madurai 625 020
3.State Of Tamil Nadu
Through Secretary To The Government
Fort St. George, Chennai Tamil Nadu
600 009 India
Respondent(s)
WP No. 31039 of 2024
1. M/s.Madurai – Kanyakumari Tollway
Private Limited
B-376, Upper Ground Floor, Nirman Vihar, New Delhi 110 092
2. M./s. Kanyakumari – Etturavattam
Tollway Private Limited
B-376, Upper Ground Floor, Nirman Vihar, New Delhi 110 092
3.M/s. Salaipudhur – Madurai Tollway
Private Limited
B-376, Upper Ground Floor, Nirman Vihar, New Delhi 110 092
4.M/s. Nanguneri – Kanyakumari Tollway Private Limited
B-376, Upper Ground Floor, Nirman
Vihar, New Delhi 110 092
Petitioner(s)
Vs
1. Tamil Nadu State Transport
Corporation
Through The Chairman And Managing
Director Transport Department
Government Of Tamil Nadu Chennai
Secretariat, Chennai City North Chennai Tamil Nadu 600 009
2.National Highways Authority Of India
National Highways Authority Of India,
Office Of The Project Director Plot No
3surya Towers 2nd Floor, 1st East
Street, K.K. Nagar, Madurai 625 020
3.State Of Tamil Nadu
Through Secretary To The Government
Fort St. George, Chennai Tamil Nadu
600 009 India
Respondent(s)
WP No. 31041 of 2024
1.M/s.Madurai – Kanyakumari Tollway Private Limited
B-376, Upper Ground Floor, Nirman Vihar, New Delhi 110 092
2.M./s. Kanyakumari – Etturavattam
Tollway Private Limited
B-376, Upper Ground Floor, Nirman Vihar, New Delhi 110 092
3.M/s. Salaipudhur – Madurai Tollway Private Limited
B-376, Upper Ground Floor, Nirman Vihar, New Delhi 110 092
4.M/s. Nanguneri – Kanyakumari
Tollway Private Limited
B-376, Upper Ground Floor, Nirman
Vihar, New Delhi 110 092
Petitioner(s)
Vs
1. Tamil Nadu State Transport
Corporation
Through The Chairman And Managing
Director Transport Department
Government Of Tamil Nadu Chennai
Secretariat, Chennai City North
Chennai Tamil Nadu 600 009
2.National Highways Authority Of India
National Highways Authority Of India,
Office Of The Project Director Plot No
3surya Towers 2nd Floor, 1st East
Street, K.K. Nagar, Madurai 625 020
3.State Of Tamil Nadu
Through Secretary To The Government
Fort St. George, Chennai Tamil Nadu
600 009 India
Respondent(s)
WP No. 31044 of 2024
1.M/s.Madurai – Kanyakumari Tollway Private Limited
B-376, Upper Ground Floor, Nirman Vihar, New Delhi 110 092
2.M./s. Kanyakumari – Etturavattam
Tollway Private Limited
B-376, Upper Ground Floor, Nirman Vihar, New Delhi 110 092
3.M/s. Salaipudhur – Madurai Tollway Private Limited
B-376, Upper Ground Floor, Nirman Vihar, New Delhi 110 092
4.M/s. Nanguneri – Kanyakumari
Tollway Private Limited
B-376, Upper Ground Floor, Nirman
Vihar, New Delhi 110 092
Petitioner(s)
Vs
1. Tamil Nadu State Transport
Corporation
Through The Chairman And Managing
Director Transport Department
Government Of Tamil Nadu Chennai
Secretariat, Chennai City North Chennai Tamil Nadu 600 009
2.National Highways Authority Of India
National Highways Authority Of India,
Office Of The Project Director Plot No
3surya Towers 2nd Floor, 1st East
Street, K.K. Nagar, Madurai 625 020
3.State Of Tamil Nadu
Through Secretary To The Government
Fort St. George, Chennai Tamil Nadu
600 009 India
Respondent(s)
WP No. 31046 of 2024
1. M/s.Madurai – Kanyakumari Tollway
Private Limited
B-376, Upper Ground Floor, Nirman Vihar, New Delhi 110 092
2. M./s. Kanyakumari – Etturavattam Tollway Private Limited
B-376, Upper Ground Floor, Nirman
Vihar, New Delhi 110 092
3.M/s. Salaipudhur – Madurai Tollway
Private Limited
B-376, Upper Ground Floor, Nirman Vihar, New Delhi 110 092
4.M/s. Nanguneri – Kanyakumari Tollway Private Limited
B-376, Upper Ground Floor, Nirman
Vihar, New Delhi 110 092
Petitioner(s)
Vs
1. Tamil Nadu State Transport
Corporation
Through The Chairman And Managing
Director Transport Department
Government Of Tamil Nadu Chennai
Secretariat, Chennai City North Chennai Tamil Nadu 600 009
2.National Highways Authority Of India
National Highways Authority Of India,
Office Of The Project Director Plot No
3surya Towers 2nd Floor, 1st East
Street, K.K. Nagar, Madurai 625 020
3.State Of Tamil Nadu
Through Secretary To The Government
Fort St. George, Chennai Tamil Nadu
600 009 India
Respondent(s)
WP No. 31006 of 2024
PRAYER
Directing the Respondent No 1 to comply with the National highway Fee ( Determination of Rates and collection) Rules 2008 brought out by notification dated 05.12.2008 titled as G.S.R. 838 (E) and its latest amendments as applicable from time to time
WP No. 31010 of 2024
PRAYER
Directing resondent No. 1 to install FASTag in all its buses in compliance of the
Ministry of Road Transport and Highways (Toll section) Circulars / Notifications dated 02.11.2017, 15.05.2020 06.11.2020 and 30.12.2020 and to pass
WP No. 31012 of 2024
PRAYER
Directing Respondent No. 1 to pay a penalty which is twice the amount of the notified toll charges in terms of Notification dated 15.05.2020 issued by Ministry of Road Transport and highways published in the gazette on 16.05.2020, in the event the FASTag is blacklisted or not installed, as per the said notification and to pass
WP No. 31014 of 2024
PRAYER
Directing Respondent No. 1 to comply with the Directions of Respondent No 2 issued vide letter dated 01.02.2024 bearing number NHAI / PIU / MDU / ETC /
NH-44 / 2024 / 246 and to pass
WP No. 31039 of 2024
PRAYER
Directing Respondent No.1 to pay the arrears of user fee amounting to INR 214,29,49,464/- (Indian Rupee Two Hundred and Fourteen Crores Twenty Nine Lakhs Forty Nine Thousand Four Hundred and Sixty Four Only) as on 30th June 2024, and further till the NH gee is being evaded by Respondent No.2, to the petitioners as specified in Para 19 of the present writ and letter dated 20.07.2024 addressed by Petitioner No.1 to Respondent No.2 for an amount in the Sum of INR 1,33,75,73,040 /-(Indian Rupee One Hundred Thirty – Three Crores Seventy – Five Lakhs Seventy Three Thousand and Forty only ) due and payable from November 2020 to June 2024, Letter dated 20.07.2024 addressed by Petitioner No.2 to Respondent No.2 for an amount in the Sum of INR 22,35,18,862 /-(Indian Rupee Twenty Two Crores Thirty Five Lakhs Eighteen
Thousand eight Hundred and Sixty Two only) due and payable from November
2020 to June 2024, letter dated 20.07.2024 addressed by Petitioner NO.3 to
Respondent No.2 for an amount in the Sum of INR 20,84,25,354 /- (Indian
Rupee twenty Crores Eight – Fourt lakhs Twenty Five Thousand Three
Hundred and Fifty Four Only ) due and payable from November 2020 to June 2024, letter dated 20.07.2024 addressed by Petitioner No.4to Respondent No.2 for an amount in the sum of INR. 37,34,32,208 /- (Indian Rupee Thirty – Seven Crores Thirty Four Lakhs Thirty two thousand and Two Hundred and Eight Only ) due and payable from November 2020 to June 2024.
WP No. 31041 of 2024
PRAYER
Direction or order, restraining Respondent NO.1 buses from plying on the project Highway in and crossing the Toll Plazas on the project Highway in Kappalur Toll Plaza, Etturavattam Toll Plaza, Salaipudhur Toll Plaza and Nanguneri Toll Plaza operated by the petitioners if they fail to comply with national Highway fee (determination of Rates and collection) Rules, 2008 and Ministry of Road Transport and Highways (Toll Section ) Circulars / Notifications dated 02.11.2017, 15.05.2020, 06.11.2020 and 30.12.2020, or their latest amendment as applicable and to pass.
WP No. 31044 of 2024
PRAYER
Direction or order, granting police protection to the Petitioners at the Kallapur Toll Plaza, Etturavattam Toll Plaza, Salaipudhur Toll Plaza and the Nanguneri Toll Plaza on the project Highway to facilitate smooth operations and prevent obstructions by Respondent No.1
WP No. 31046 of 2024
PRAYER
Direction or order, directing the District Administration to extend the police support at the above toll plazas to stop the TNSTC buses which are not having valid FASTags / insufficient balance FASTags and assist in collecting the applicable toll fee from the buses as per the National Highway Fee (Determination of Rates and Collection) Rules 2008.
For Petitioner(s):
Mr.Satish Parasaran
Senior Counsel
For Mr.Karthik Sundaram
(In All WPs_
For Respondent(s):
Mr.L.S.M.Hasan Fizal
Additional Government Pleader
For R1 & R3
Mr.SU.Srinivasan
Standing Counsel For R2
COMMON ORDER
Pursuant to the earlier order passed by this Court on 20.06.2025, the matter was listed for hearing today. A memo of calculation has been filed on the side of the petitioners. On going through the same, it is seen that a total of approximately Rs.276 Crores is payable by four Corporations, which includes the penalty and interest. Even excluding the penalty and interest, a sum of Rs.113 Crores is payable to the petitioners by the various Corporations. In arriving at this amount, the petitioners have taken into consideration the various payments that have been made by the Corporations to the tune of Rs.48.5 Crores. As was observed in the earlier order, there is another major issue involved in this case, which pertains to the violations of the 2000 Rules for vehicles plying without FASTags.
2. The Corporations have placed themselves in a precarious situation, as no effort was made to find out a solution towards settling the dues payable to the petitioners. At least on three occasions, the Hon’ble Division Bench of this Court has repeatedly held that if the dues are not cleared, the buses belonging to the Corporations can be stopped, as the problem of road maintenance is interlinked with the failure of these State Enterprises to pay the Toll charges. Useful reference can be made to the order passed in W.P.No.27064 of 2014 dated 03.02.2015, W.P.Nos.16218 of 2013 and 21637 of 2013 dated 03.02.2015 and also the order passed on 19.03.2015.
3. If ultimately, the Corporations are not able to come up with a viable solution to settle the dues, the extreme step of stopping buses from using the National Highways has to be resorted. This Court is aware of the potential consequences if such order is passed, since ultimately, it is the common man, who is using these Government buses who will be adversely affected. However, unless and otherwise the order which will jolt the officials, is passed, they will not take efforts to settle this dispute, which has been going on for many years together. The longer the payments are delayed, the more the penalty and interest will escalate, potentially reaching astronomical proportions.
4. In light of the above discussion, this Court is constrained to direct the petitioners to stop the buses belonging to the Corporations from plying through their Toll Plazas, starting from 10.07.2025. These steps will continue till the respondents/Corporations come up with a viable solution for payment of the dues to the petitioners. Since this direction may entail a law and order problem, there shall be a direction to the Director General of Police (DGP), Chennai to issue necessary instructions to the concerned jurisdictional Police to provide sufficient Police protection at all Toll Plazas belonging to the petitioners. The directions issued by this Court shall be complied with and the Police shall ensure that no undue pressure is exerted on the Toll Plazas belonging to the petitioners to permit the buses belonging to the Corporations to ply through their Toll Plazas. This extreme order has to be passed by this Court considering the fact that no positive solution was coming forth from the side of the Corporations for settling the dues.
5. Post these Writ Petitions under the caption “Part-Heard Cases” on 16.07.2025 at 02:15 P.M.
08-07-2025
Index:Yes/No
Speaking/Non-speaking order
Internet:Yes
Neutral Citation:Yes/No
Jeni
Note:Registry is directed to issue order copy on 08.07.2025.
To
1.Tamil Nadu State Transport Corporation
Through The Chairman And Managing
Director Transport Department
Government Of Tamil Nadu Chennai
Secretariat, Chennai City North Chennai Tamil Nadu 600 009
2.National Highways Authority Of India
National Highways Authority Of India,
Office Of The Project Director Plot No
3surya Towers 2nd Floor, 1st East
Street, K.K. Nagar, Madurai 625 020
3.State Of Tamil Nadu
Through Secretary To The Government
Fort St. George, Chennai Tamil Nadu 600 009 India
4.The Director General of Police, Dr.RadhaKrishnan Salai, Mylapore, Chennai.
5.The Inspector General of Police,
Madurai South Zone,
No.77, 4th Street, KK Nagar, Ramaonad Reserve Line,
Race Course Lane, Madurai.
N.ANAND VENKATESH J.
Jeni
WP Nos.31006 of 2024, etc.,
& Batch
08/07/25
