Court dismisses plea seeking Rs 4.14 crore arrears from TNSTCs

MADURAI: The Madras high court Madurai bench on Friday dismissed a petition filed by a toll collecting agency seeking arrears of Rs 4.14 crore from the seven state-run Tamil Nadu State Transport Corporations (TNSTC).
Eagle Deep Trichy Bye Pass Tollways India Pvt Ltd is the concessionaire of the National Highways Authority of India (NHAI) to operate a toll plaza on the Trichy Bypass Road to Thuvarnkurichi-Madurai section of NH-45B.
Its authorized signatory Padmanabh Govind Godbole had filed a petition stating that TNSTCs of Madurai, Tirunelveli, Kumbakonam, Salem, Villupuram, Coimbatore and Nagercoil owe Rs 4.14 crore and directions were to be given to concerned managing directors of the transport corporations.
The petitioner had stated that as per agreement between NHAI and the company, the company is required to pay Rs 82.26 crore towards concession fee for the period 2013-14 and the fee shall be determined by increasing the amount by 10% for the subsequent period.
The company allowed the above-said corporations' buses to pass through the toll plazas situated in Chittampatti and Boothakudi without paying the toll fees on the spot after the corporations promised it that they would pay the dues at the end of every month for all the vehicles ferrying passengers.
But they failed to keep their promise. Due to it, the arrears became Rs 4.14 crore as on May 31. Hence, they should be directed to pay the arrears with 14% interest till the actual date of payment and to pay the toll fee regularly in future.
When the matter was heard by justice T S Sivagnanam, the additional advocate general (AAG) K Chellapandian argued that the corporations have been making effective payments and did not default.
In Tamil Nadu, there are 37 toll plazas and except these two, all the others are collecting at the rate agreed to by the concessionaire in the meeting held on June 25, 2012. These two plazas demand more money. There is no reason for the petitioner's side alone to adopt a different standard more particularly when the corporations are plying the buses at concessional rate and giving free passes to various categories of people such as physically challenged, freedom fighters etc.
The petitioner wanted the high court to be a civil court and hence the writ petition was not maintainable, the AAG said.
After hearing the two sides, the judge passed orders dismissing the petition by observing that the petitioner's prayer was beyond the scope and jurisdiction of the high court.