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2010 Supreme(Mad) 3989

M.Y.EQBAL, T.S.SIVAGNANAM
K. Krishnamani – Appellant
Versus
Corporation Of Chennai Rep. By Its Commissioner Rippon Buildings – Respondent


Advocates Appeared:
For the Petitioner:K. Sudalaikannu, Advocate.
For the Respondents:R1, L.N. Praghasam, Advocate, R2 to R5, Rajakalifullah, Govt.Pleader Assisted by Mrs. M. Sneha, G.A., R6 & R7, M. Balachandar, R9, A.M. Packianathan Easter, R10, R. Sankara Narayanan, R11, V.R. Thangavelu, R12, Mrs. Hema Sampath, Sr.Counsel for S. Venkateswar, R14, Sathish Parasaran, Advocates.

Judgment :-

THE HON'BLE THE CHIEF JUSTICE & T.S. SIVAGNANAM, J.

1. By way of this Public Interest Litigation, the petitioner seeks a direction upon respondents 1 to 5 to take action against respondents 6 to 15 for encroaching upon the public road by employing the services of Private Security Agencies and for utilizing it for the parking of their vehicles, treating it as their own private parking zone.

2. It has been brought to our notice that the extreme margins of the road are being used by the private shop owners for parking their cars along or that of their customers by putting a rope and earmarking the said space as a private parking zone. The result is that the public at large is deprived of parking their cars on the margins of the road, unless they are customers of a particular establishment.

3. In the counter affidavit filed by the Chennai Corporation, the details of the areas where the respondents 6 to 15 park their vehicles, in an unauthorized manner, are mentioned. From the said counter affidavit it is found that a body called Tamil Nadu Ex-Servicemen Corporation is authorized to collect parking charges on behalf of the Corporation.

4. The private respondent Nos. 6, 7 and 9









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