KOCHI: The Kerala High Court on Wednesday suspended the collection of user fee at the Paliyekkara toll plaza for a month citing “total apathy” by the National Highways Authority of India (NHAI) in addressing public grievances, including traffic congestion caused by the construction works started by the authority. In that period, the Union government should take steps to address the people’s grievances, the court said.
Residents in and around Paliyekkara, which lies on the Edappally-Mannuthy stretch of NH 544, hailed the order. “Every year, they hike toll rates while no maintenance is being done. The HC order is a welcome step,” said Sareesh, a resident of Puthukkad.
A Division Bench comprising Justice A Muhamed Mustaque and Justice Harishankar V Menon issued the order on the petition filed by Congress worker Shaji J Kodankandath of Chembukavu, O J Janeesh of Mala and others against the toll collection.
“We note with concern the total apathy displayed by the NHAI in addressing the grievances raised, despite multiple opportunities having been made available to them from February 2025. Although the issue was repeatedly brought to their attention, no meaningful steps were taken to pursue redressal with the Central government.
Hence, the collection of toll shall remain suspended until the Central government, in consultation with the NHAI, chief secretary and concessionaire, takes appropriate remedial action,” the bench said. The Centre argued the issue is confined only to 4.8km and there are no other obstructions in remaining 65 km stretch. NHAI would earnestly take steps to resolve this issue at the earliest, it said. The public is obliged to pay user fee for using the highway, the bench said, adding it casts responsibility on NHAI to ensure smooth traffic without any barrier created by it or its agents (the concessionaires).
NHAI ignored grievances of public: HC
This relationship between the public and NHAI is bound by the tie of public trust, and the moment it is breached, the right to collect toll fees cannot be forced on public, it said.
The HC said the NHAI ignored public interests and took their grievances lightly. The court cannot substitute the role of administrative authority of the Centre in deciding how fees be regulated or reduced in a situation like this; but at the same time the court can clearly hold that there is breach of public trust and the National Highways Authority cannot levy the fees till the grievances are addressed upholding the interest of the public, stated the order.
On April 28, 2025, Thrissur District Collector Arjun Pandian had suspended toll collection at Paliyekkara as the NHAI failed to stick to the directions issued by the district administration. The police had also taken a stand against the NHAI and contract company, as managing traffic became tough for them.