Cont.P.(MD) No.1739 of 2019

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 20.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN

and

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI

Cont.P.(MD) No.1739 of 2019

in

W.P.(MD) No.1665 of 2017

K.Shanmugasundaram

... Petitioner

-vs-

1.Harihara Sudhan

Proprietor of

Gowry Krishna Hotel

Byepass Road

Opp.Tamilnadu Transport

Corporation Ltd.,

Madurai

2.The Commissioner

Madurai Corporation

Madurai

... Respondents

[R2 is impleaded vide Court order

dated 11.12.2019 in Sub.A.(MD) No.

304 of 2019]

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Cont.P.(MD) No.1739 of 2019

PRAYER: Contempt Petition is filed under Section 11 of the Contempt of

Courts Act praying to punish the respondent for committing grave contempt

and gross disobedience of the order passed by this Court in W.P.(MD) No.1665

of 2017, dated 31.07.2017.

For Petitioner

:

Mr.J.David Ganesan

For Respondents

:

Mr.Satheesh Parasaran, Senior Counsel

assisted by Mr.J.Pandi Dorai for R1

Mr.R.Murali for R2

O R D E R

[Order of the Court was made by R.SUBRAMANIAN, J.]

It is the complaint of the petitioner that the National Highway is

being used as a parking lot. There is already a direction by the Division Bench

of this Court, wherein it has been made clear that public place should not be

used as a parking area. It is the case of the petitioner that the said order has

not been complied with.

2. Learned Senior Counsel appearing for the first respondent

would submit that the first respondent had purchased a land and provided

enough car parking and if somebody parks their cars on the road, it is for the

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Cont.P.(MD) No.1739 of 2019

authority concerned to take action. Unfortunately, the petitioner has not

chosen to make either the Traffic Police or the National Highways Authority as

a party respondent to the writ petition. It is only the Traffic Police or the

National Highways Authority that is entitled to take action for illegal parking

on the roads, which are declared as National Highways. The Commissioner,

Madurai Corporation or the District Collector, Madurai District, cannot be

asked to monitor the parking of vehicles on the National Highways as it would

be beyond their powers.

3. Hence, this contempt petition is closed with a direction to the

Commissioner, Madurai Corporation / second respondent to inform the

concerned Traffic Police to take action against the illegal parking of vehicles.

[R.S.M., J.] [L.V.G., J.]

20.06.2023

(3/3)

NCC

:

Yes / No

Index

:

Yes / No

Internet :

Yes / No

krk

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Cont.P.(MD) No.1739 of 2019

R.SUBRAMANIAN

, J.

and

L.VICTORIA GOWRI

, J.

krk

Cont.P.(MD) No.1739 of 2019

in

W.P.(MD) No.1665 of 2017

20.06.2023

(3/3)

____________

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https://www.mhc.tn.gov.in/judis