Court Cases & Legal News.

Madras High Court Directs Comprehensive Traffic Management, Encroachment Removal to Enhance Highway Safety

Madurai: The Madras High Court has declined a plea seeking the construction of a speed breaker on a key highway intersection, opting instead to issue a series of comprehensive directives aimed at improving traffic management and removing encroachments causing bottlenecks.

A Bench comprising the Honourable Mr. Justice R. Subramanian and the Honourable Mrs. Justice L. Victoria Gowri disposed of a Writ Petition filed under Article 226 of the Constitution of India, which prayed for a direction to highway and police authorities to construct a speed breaker at the three-road intersection on the Melur Highway near Bharathi Nagar in Madurai.

The petitioner, G.Theeran Thirumurugan @ Thirumurugan, had sought the speed breaker in the interest of public safety.

During the hearing, the Deputy Superintendent of Police, Umachikulam, Madurai District , was present before the Court. The Assistant Divisional Engineer, Highways, Madurai, submitted a status report.

The report indicated that installing speed breakers on the Madurai-Melur Road, an important highway, would not be advisable as it would lead to traffic congestion towards and away from the city. Instead, the report highlighted that barricades had already been erected on the highway near the junction to compel vehicles to reduce speed, and speed breakers had been placed on the side road to slow down vehicles approaching the highway.

However, the Court's observations, supported by photographs presented during the hearing, revealed significant issues contributing to unsafe road conditions. The Judges noted "indiscriminate parking of vehicles on both sides of road" and that "shop owners have erected advertisement boards almost on the middle of the road, thereby, reducing the width of the six lane carriage way to four lane." The Court specifically stated that "having two or three rows of parking on either side of the road definitely results in bottlenecks."

Acknowledging these critical issues, the Court issued the following directions:

1. The Deputy Superintendent of Police, Umachikulam, Madurai District , is directed to ensure that vehicle parking on the road, particularly on the south of the High Court campus till the Agricultural University College campus, is regulated to prevent obstruction of free traffic flow.
2. Advertisement boards erected by shop owners on both sides of the road are directed to be removed forthwith .
3. The Deputy Superintendent of Police, Umachikulam , is further directed to deploy a traffic constable at the junction during peak hours (08:30 a.m. to 10:30 a.m. and 04:00 p.m. to 06:30 p.m.) to manage traffic and facilitate vehicles entering from Bharathi Nagar Road.

The Court also noted that the petitioner's father, who operates a restaurant, was reportedly parking his vehicle in a manner that hinders traffic. The Bench clarified that the Police are at liberty to remove any unauthorized parking and take appropriate legal action.

The Writ Petition was accordingly disposed of with these directions. The Court added that the petitioner is entitled to seek reopening of the petition if the issued directions are not complied with. The order was dated September 5, 2024.

The judgment underscores the judiciary's role in ensuring public safety by addressing administrative and enforcement failures that contribute to hazardous road conditions, even when a specific engineering solution sought by a petitioner is deemed unsuitable by experts.