'Are Paying Commuters Not Entitled To Smooth Commute?' Kerala High Court Questions Toll Collection On NH 544 Amid Poor Road Condition

The Kerala High Court on Tuesday raised concerns over the continued toll collection on the Paliyekkara Toll Plaza in NH 544, despite reports indicating poor and obstructed road conditions.

The matter came up before the division bench of Justice A Muhamed Mustaque and Justice Johnson John.

Justice Mustaque stressed that the commuters paying toll are entitled to well-maintained roads, stating, “If they are paying, are they not entitled to smooth traffic through the road?”

The Court underscored that the commuter's right to safe and unobstructed travel is paramount, noting that “our focus is only on the commuters, who are burdened with the payment of toll.”

Appearing for the Centre, the Additional Solicitor General of India (ASGI) requested one week's time to resolve the issue, stating, “If toll is suspended even for a week, it will give rise to other consequences.”

The ASGI further submitted that a meeting will be convened with the State government and other stakeholders to address the concerns.

The Court observed that in spite of intervention by the District administration, the national highway has failed to address and resolve the issue. The ASGI and the counsel for National Highway submitted that the issue is limited to 4.8 km and there is no obstruction to the remaining 65 km stretch.

The Court observed that the right to collect emanates from statutory provisions. Commuters and travellers are the beneficiaries. If the road is rendered unmotorable and not safe for the travellers, it should result in the suspension of toll collection.

In light of the submission of ASGI, the case was adjourned while directing the national highway to show cause on why toll collection should not be suspended.

The case is posted on 16/07/2025.

Case Title - Shaji J Kodankadath v Union of India

Case No - WP(C) 20253/2021 and connected cases