- (1.) An Advocate by name R.Murali, filed a Writ Petition in W.P(MD)No.13906 of 2012 seeking the issue of a Writ of Mandamus, to direct the respondents 1 to 3 who are the National Highways Authority of India to take action against the fourth respondent namely, M/s.Eagle Infra India Limited, for unlawfully collecting toll fee at Kappalur Toll Plaza for the vehicles using N.H-208, against the tender conditions. The Writ Petition was admitted on 31.10.2012 and an order of interim injunction was granted in M.P.(MD)No.1 of 2012 on the same day namely, 31.10.2012 restraining the fourth respondent from collecting toll fee at Kappalur Toll Plaza for the vehicles not using N.H.7.
(2.) Thereafter, the fourth respondent in the Writ Petition came up with an application in M.P(MD)No.2 of 2012 seeking to vacate the interim order of injunction granted on 31.12.2012. The National Highways Authority of India Limited also came up with a vacating injunction application in M.P.(MD)No.1 of 2013.
(3.) When the above Writ Petition was pending, another Advocate who is also a former Member of State Legislative Assembly, came up with a Writ Petition in W.P(MD)No.14535 of 2012, seeking a declaration that the National Highways Fees (Determination of Rates and Collection) Rules 2008 in general and Rule 3 of the said Rules in particular are discriminatory and void and consequentially, to direct the second respondent to remove the Kappalur Toll Plaza located at K.m 18.652. This Writ Petition came up by way of a Public Interest Litigation and hence, it was posted before the Division Bench. The Division Bench admitted this Writ Petition on 22.11.2012 and directed the previous Writ Petition in W.P(MD)No.13906 of 2012 also to be tagged along with this Writ Petition. Pending Writ Petition, the Bench also granted an interim injunction restraining the M/s.Eagle Infra India Limited from demanding and collecting any fee from passengers travelling into Thirumangalam and beyond in N.H.208 and in the reverse direction going to Madurai. This interim injunction was granted in M.P(MD)No.2 of 2012 on 22.11.2012, at the time of admission of the Writ Petition.;