P.C.Rajan, v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.07.2022
CORAM:
THE HON'BLE MR.MUNISHWAR NATH BHANDARI, THE CHIEF JUSTICE and THE HON'BLE MRS.JUSTICE S.ANANTHI P.C.Rajan ... Petitioner vs.
1. The District Collector, Tirunelveli District, Tirunelveli.
2. The Superintendent of Police, Tirunelveli District, Tirunelveli.
3. The Deputy Superintendent of Police, Nanguneri,
4. The Inspector of Police, Kalakadu Police Station,
5. Tirunelveli District Auto Ottunargal Sangam, Through its Secretary, Annasalai, Kalakadu, ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1 and 4 respondents to remove the encroachment made by the 5th respondent's members by parking auto rickshaw in Annasalai opposite to anna statue situated at Kalakadu Tirunelveli District based on the petitioner's representation dated 31.08.2018. For Petitioner : Mr.T.Selvan For R1 to R4 : Mr.S.R.A.Ramachandran Additional Government Pleader For R5 : Mr.Aayiram K.Selvakumar
O R D E R
[Order of the Court was made by The Hon'ble The CHIEF JUSTICE] The writ petition has been filed to seek a direction on the respondents 1 to 4 not to allow the members of the 5th respondent to park the Autorickshaw in Annasalai opposite to Anna statue
situated in Kalakkadu, Tirunelveli District.
2. Learned counsel for the petitioner submits that in the absence of effective management of the traffic police, the Autorickshaw Stand in a busy area opposite to Anna statue is creating traffic hazards and even would not allow the movement of traffic easily. Therefore, the writ petition was filed for the public cause.
3. Learned Additional Government Pleader appearing for the District Collector submits that the issue has been taken up with the issuance of a direction not to allow parking of any Autorickshaw opposite to Anna statue other than one Auto-rickshaw for the convenience of the people.
4. The problem was earlier existing on account of the location of the old bus stand which has now been shifted to other place. With the shifting of the bus stand, the congestion as well as
the parking of the Auto-rickshaw do not exist opposite to Anna statue. In any case, the issue would be further monitored by the District Collector and the Superintendent of Police, so that there remains no congestion of the traffic on account of the parking of Auto-rickshaw, rather they would not be allowed in the no parking area.
5. We have considered the submissions by both the parties and find that parking of Auto-rickshaw should not be allowed in no parking areas and especially, those areas which are busy. It otherwise creates congestion of traffic and even affects the flow of traffic. If the bus stand has already been shifted, there remains no reason to allow parking of even one Auto-rickshaw opposite to Anna statue if it is not earmarked as a parking area. The traffic police is directed to monitor the aforesaid and no Autorickshaw should be allowed to park in the no parking area opposite to Anna statue and if any grievance remains with the
petitioner, he can call for the video clipping if a camera is fitted in the area concerned, so that the order of this Court is given effect to without any lapse.
6. With the aforesaid directions, the Writ Petition is disposed of. No costs.
[M.N.B., C.J.] [S.A.I., J.] 27.07.2022 Index :
Yes / No Internet :
Yes / No bala/ssl To:
1. The District Collector, Tirunelveli District, Tirunelveli.
2. The Superintendent of Police, Tirunelveli District, Tirunelveli.
3. The Deputy Superintendent of Police, Nanguneri,
4. The Inspector of Police, Kalakadu Police Station,
THE HON'BLE THE CHIEF JUSTICE and S.ANANTHI , J.
bala/ssl ORDER MADE IN DATED : 27.07.2022