SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2021 Supreme(Mad) 2565

IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, J.
Chrompet G.S.T. Salai, Puduvai Nagar Siruthozhil Vyaparigal Sangam, Chennai – Appellant
Versus
The Commissioner of Police, Chennai & Others – Respondents
W.P. No. 29785 of 2011 & M.P. No. 1 of 2011
Decided on : 16-11-2021

Advocate Appeared:
For the Appellant :J. Muthukumaran, Advocate.
For the Respondents:C. Selvaraj, P. Srinivas, T. Vijaya Raghavan, L. Santhosh Kumar, Advocates.

Headnote:

Constitution of India, 1950 – Article 226 – Tamil Nadu Societies Registration Act, 1973 - Society - Parking in Road - Causes greater inconvenience - Petitioner is Chrompet - Petitioner Sangam is a registered society under Tamil Nadu Societies Registration Act, 1973 - It is established for welfare of small scale traders and residents of 2nd Street in Western situated adjacent, falling under territorial jurisdiction of Municipality - Grievances of writ petitioner is that respondents are causing nuisance to public at large by irregularly allowing commuters to park vehicles in front of their commercial establishment - Large scale irregular parking in Road causes greater inconvenience to people, who all are passing through and it affects free flow of traffic in that locality – Held, this Court is inclined to pass order, respondent/Commissioner of Police, is directed to constitute special squads for purpose of effective and efficient controlling of traffic system in G.S.T and in strategical locations of other important roads in Greater Chennai - Police officials on duty must be sensitized and acceptance of any freebies or any other consideration would undermine majesty and the authority of Police Department and powers conferred, which is of paramount importance for an orderly society - In the event of repeated violations or commission of offences, Municipality is bound to reconsider renewal of license or for cancellation of license granted to such traders in accordance with Act and Rules - Writ petition stands allowed - Connected miscellaneous petition is closed.

JUDGMENT :

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, direct the respondents 1 & 2 to inspect the 3rd and 4th respondents to ensure that they complied with mandatory provisions of traffic and other laws for the well organized and safe parking of their vehicles in such a way that it shall not cause traffic problem in the public road used by the common public.)

1. The petitioner is Chrompet G.S.T.Salai, Puduvai Nagar Siruthozhil Vyaparigal Sangam, (Reg No.400/1998). The petitioner Sangam is a registered society under the Tamil Nadu Societies Registration Act, 1973. It is established for the welfare of the small scale traders and the residents of 2nd Street in Western Puduvai Nagar, situated adjacent of grand Southern Trunk Road, Chrompet, falling under the territorial jurisdiction of Pallavaram Municipality.

2. The grievances of the writ petitioner is that the respondents 3 and 4 are causing nuisance to the public at large by irregularly allowing the commuters to park the vehicles in front of their commercial establishment. Large scale irregular parking in the G.S.T Road causes greater inconvenience to the people, who all are passing through and it affects free flow of traffic in that locality.

3. The learned counsel for the petitioner states that they are all along fighting for the cause of the public at large in that locality and they have initiated action to stop all such illegalities in that locality. The Sangam is fighting for the welfare of the people of the locality by initiating action and by filing writ petitions in necessary circumstances.

4. The petitioner has stated that not only the respondents 3 and 4, the other commercial establishments are also committing such illegalities by creating traffic congestion in that locality. The traffic police 'on duty' are not performing their duties diligently and they are allowing such illegalities to continue on certain extraneous considerations.

5. It is not in dispute that G.S.T Road is the main road and large scale traffic flow is to be controlled. In the event of allowing such illegal vehicle parkings on the road, undoubtedly, the same will create lot of inconvenience to the public at large and further, create traffic congestion in that locality, which is to be controlled by the traffic police officials as the said duty is of paramount importance.

6. Several commercial establishments are opened during the pendency of the present writ petition and the traffic congestion are growing in that locality and illegal parkings are not controlled by the traffic police, based on variety of reasons. There are allegations against the traffic police that they are accepting freebies from such commercial establishments and illegally permitting such parkings on the main road, which causes greater hardship to the public at large. The Commissioner of Police and the Municipal authorities must conduct surprise inspection in this regard and inactions, lapses, negligence, dereliction of duty on the part of the traffic police officials are to be viewed seriously and all appropriate actions are to be initiated.

7. It is not as if these traffic police authorities cannot control the illegal parking in such prime locality, they are capable of controlling the traffic activities in that particular place. However, they remain as mute spectators, which creates a doubt in the mind of the people. The image of the Police Department is to be protected in all circumstances. The majesty of the Uniformed Services has to be preserved. In the event of accepting any such freebies from the commercial establishments, the same will disrepute the Police Department and damage the image on the whole Department and also the Government. Thus, the higher officials are expected to conduct frequent inspections and monitor the functioning of the Police officials on duty in the fields.

8. Accepting freebies or Mamul from commercial establishments is a crime, and also mis

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
Judicial Analysis

SupremeToday

SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top