Kerala High Court Suspends Toll Collection In Paliyekkara Toll Plaza On NH 544 For Four Weeks

The Kerala High Court on Wednesday (August 6) suspended the toll collection in Paliyekkara Toll Plaza (Thrissur district) on NH 544 for four weeks.

The Division Bench of Justices A. Muhammed Mustaque and Harisankar V. Menon passed the order in a batch of petitions challenging the toll collection and observed:

"We note with concern the total apathy displayed by the National Highways Authority in addressing the grievances raised, despite multiple opportunities having been made available to them at least from February 2025 onwards. Although the issue was repeatedly brought to their attention, no meaningful steps were taken to pursue redressal with the Central Government. In such circumstances, we are of the considered view that the collection of toll shall remain suspended until the Central Government, in consultation with the National Highways Authority, Chief Secretary of the State and Concessionaire, takes appropriate remedial action addressing the public grievance."

The batch of petitions include a public interest litigation filed by Thrissur-based lawyer O.J. Janesh and another plea by lawyer cum political and social worker Shaji J. Kodankandath.

Earlier, the Court had 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.

Background

The petitions stated that there is severe traffic congestion in the Mannuthy–Edappally stretch of NH 544, particularly near the Paliyekkara Toll Plaza, due to ongoing construction, especially the underpass projects sanctioned by the National Highways Authority of India (NHAI).

In one of the petitions, the petitioner has stated that due to the severe traffic congestion, the District Collector of Thrissur (5th respondent) had issued an order (Exhibit P1) directing Guruvayoor Infrastructure Pvt. Ltd. (8th respondent) to stop collecting toll fees for a limited period until effective measures were taken to ease traffic congestion. It is also stated that another order (Exhibit P2) was issued the very next day cancelling Exhibit P1 order and allowed toll collection to resume.

The petitioner has challenged the subsequent order that permitted toll collection as illegal, arbitrary, and violative of the principles of natural justice. It is also stated in the petition that the impugned cancellation order appears to have been passed under external influence and political pressure, undermining the public interest and administrative propriety.

Case Title - Shaji J Kodankadath v Union of India and connected cases

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

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