The Madras High Court Bench here has dismissed a writ petition filed by a concessionaire of National Highways Authority of India (NHAI) seeking a direction to the TNSTC to pay arrears of Rs.4.14 crore, as on March 31, along with 14 per cent annual interest until the date of payment.
Justice T.S. Sivagnanam rejected the plea on the ground that the High Court could not issue a writ with respect to money claims, especially in cases involving disputed questions of fact. He said the TNSTC had disputed the number of its buses that had crossed toll plazas maintained by the petitioner in Boothakudi in Pudukottai district and Chittampatti near here. “The petitioner, being a concessionaire, cannot be stated to be performing governmental functions merely because he is collecting toll from road users… ,” he said.
The judge refused to accept the other plea of the concessionaire, Eagle Deep Trichy Bypass Tollways India, which sought a direction to the TNSTC to ensure that its drivers and conductors pay the money on the spot at the time of crossing toll plazas.
