P. KUMARAN Vs. SECRETARY

JUDGEMENT

(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) dtd. 8/6/2016 issued by the Ministry of Transport and Highways, Government of India, no fee

(3.) 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 diability. 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.