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2019 DIGILAW 92 (MAD)

P. Kumaran v. Secretary, Ministry of Road Transport and Highways, Government of India, New Delhi

2019-01-07

K.K.SASIDHARAN, P.D.AUDIKESAVALU

body2019
ORDER : P.D. AUDIKESAVALU, J. 1. The Petitioner, who is differently abled on account of orthopedic disability, has filed this Public Interest Litigation for a direction to the Respondents to exempt the disabled / differently abled persons from paying the toll fare / fees at the toll plazas / toll fee / user fee collecting centres in the National Highways maintained and operated by the Respondents and their authorised agents. 2. It is contended by the Petitioner that as per Rule 11(1)(e) of the National Highways Fee (Determination of Rates and Collection) Rules, 2008, as amended by notification bearing No. GSR 585 (E) dated 08.06.2016 issued by the Ministry of Transport and Highways, Government of India, no fee shall be levied and collected from a mechanical vehicle specially designed and constructed for the use of a person suffering from some physical defect or disability. The Petitioner seeks that the exemption for collecting such toll fee should be also extended to vehicles transporting differently abled / physically disabled persons, who are not in a position to own a vehicle or who have to employ a driver to use the vehicle owned by them. 3. We have heard Mr. J. Sanjay Vignesh, Learned Counsel for the Petitioners, Mr. G. Rajaraman, Learned Counsel for the First and Second Respondents, Mr. C. Arul Vadivel @ Sekar for the Third Respondent and perused the materials placed on record, apart from the pleadings of the parties. 4. Having regard to the nature of relief sought by the Petitioner in this Writ Petition, we find that the same falls within the realm of 'legislation' and it would not be appropriate for this Court to issue any Writ of Mandamus granting the same. In such circumstances, having due regard to the spirit and the object sought to be achieved by the Rights of the Persons with Diabilities Act, 2016, the Petitioner is granted liberty to make a comprehensive representation to the First and Second Respondents for the relief that has been sought and if such representation is made, the same shall be duly considered by the concerned authorities for necessary action and the decision taken shall be expeditiously communicated to the Petitioner, preferably within a period of three months from the date of receipt of such representation. 5. The Writ Petition is disposed of with the aforesaid observations. No costs.