NH 544: Kerala High Court Further Extends Suspension Of Toll Collection At Paliyekkara
The Kerala High Court has further extended suspension of toll collection at Paliyekkara Toll Plaza (Thrissur district) on NH 544, amid ongoing repair works and consequent traffic congestion.The initial order suspending toll was passed by the Court following a 12-hour long traffic snarl on the Mannuthy–Edappally stretch of the highway, particularly near the toll plaza in question.Today,...
The Kerala High Court has further extended suspension of toll collection at Paliyekkara Toll Plaza (Thrissur district) on NH 544, amid ongoing repair works and consequent traffic congestion.
The initial order suspending toll was passed by the Court following a 12-hour long traffic snarl on the Mannuthy–Edappally stretch of the highway, particularly near the toll plaza in question.
Today, a division bench comprising Justice A Muhammed Mustaque and Justice Harisankar V Menon directed the National Highways Authority of India to file a compliance report with respect to the issues pointed out by the Interim Traffic Management Committee, constituted pursuant to the Court's directions.
The interim suspension of toll will continue until compliance is verified by the District Collector.
Appearing online during the hearing, the Collector informed the Court that directions have already been issued to NHAI on issues such as uneven surfaces, and the need for culvert works at certain stretches.
The Additional Solicitor General (ASG) submitted that while construction was progressing steadily, some minor issues were inevitable.
Counsel for NHAI argued that several of the diversion routes mentioned in the Collector's report were not under NHAI's jurisdiction but were panchayat or state-controlled roads.
“The Report states about diversion roads which are panchayat roads. These are not roads which belong to the Central government. These are not roads belonging to the National Highway. These are essentially State Highways or managed by the District work administration. If I need to complete all the work, it will consume a lot of time. It is not just possible to do that. I am required to maintain the main roads and also required to maintain the service roads. Independently asking to do the work is beyond the highway,” counsel stated, adding that culvert construction, though necessary, was not directly related to traffic flow.
“Culverts have nothing to do with the flow of traffic. In so far as the safety aspect is concerned, we assure your lordships that we will be putting barriers. As on date, not a single vehicle has fallen off the road and gone into the culvert. I can understand that these are things that needs to be done but these are not things which are necessary for the free flow of traffic,” the Counsel for NHAI added.
The Collector, however, clarified that at certain points, vehicles were compelled to traverse culverts due to the narrowness of service roads, thereby making them a traffic concern. The Court acknowledged this position but emphasized that it would confine itself to matters directly related to the National Highway.
In its oral observations, the Bench noted: “When all issues concerning the National Highway are resolved, we will immediately lift the suspension of toll collection.”
The matter is posted on September 15, for further considerations.
Case Title - Shaji J Kodankadath v Union of India and connected cases
Case No - WP(C) 20253/2021 and connected cases
Counsel for Petitioners - K B Gangesh, Smitha Chathanarambath, Amal S Kumar, Athira A Menon, John Varghese, V Praveen, Sonu Augustine, Premchand M, Sreelakshmi Sabu, P K Subhash, Anoop V Nair, Tanoosha Paul
Counsel for Respondents - O M Shalina (DSG), Nanavati Maulik G, Arun Thomas, Jennis Stephen, Anil Sebastian Pulickel, P Martin Jose, P Prijith, Thomas P Kurivila, Ajay Ben Jose, Manjunath Menon, Hani P Nair, R Githesh, Sachin Jacob Ambat, Anna Lind Eden, Harikrishnan S, Mathews K Philip, T C Krishna, C Dinesh, B G Bidan Chandran, Mathews Nevin Thomas, Kurian Antony Mathew, R Githesh, Sachin Jacob Ambat, N Manoj Kumar (State Attorney), C Harikumar, Sandra Sunny, Arun Kumar M A, Farah Jyothi Pradeep, Anavadya Sanil Kumar, Anjali Krishna