Madras High Court
Unknown vs The State Of Tamil Nadu on 20 June, 2016
Bench: Sanjay Kishan Kaul, R.Mahadevan
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.06.2016
CORAM :
The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE
AND
The Hon'ble MR.JUSTICE R.MAHADEVAN
W.P. No.10820 of 2013
(Taken-up PIL)
1.The State of Tamil Nadu,
Rep. by the Secretary to Govt.,
Highways Department,
Fort St. George, Chennai-9.
2.The State of Tamilnadu,
Rep. by the Secretary to Govt.,
Dept. of Municipal Administration
and Water Supply, Fort St. George,
Chennai-9.
3.The Secretary to Government,
Ministry of Road Transport and Highways,
Transport Bhavan, Parliament Street,
New Delhi.
4.The Chairman,
National Highways Authority of India,
New Delhi.
5.The Commissioner,
Corporation of Chennai,
Chennai 600 003. .. Respondents
Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to direct the respondents to take appropriate action to re-lay the speed breakers near the roads of all educational institutions, and hospitals in the State of Tamilnadu to avoid accidents .
For Respondents : Mr.V.R.Kamalanathan,
Addl. Govt. Pleader for RR 1 and 2
: Mr.Venkateasamy Babu RR 3 & 4
: Mr.K.Soundararajan for R-5
* * * * *
O R D E R
(Order of the Court was made by The Hon'ble Chief Justice) The grievance made is of speed breakers laid near educational institutions, hospitals, etc., not being in conformity with the norms.
2.In the counter-affidavit filed, it is stated that speed breakers are being laid with necessary precautions following specifications as per the Indian Roads Congress 99-1988. Instructions are stated to have been issued in respect of maintenance of speed breakers as under:
i.T-Intersection of Minor Roads with National and State Highways, characterized by relatively low traffic volumes on the minor road but very high average operating speed and poor sight distances. Such locations have a high record of fatal accidents and as such a Speed Breaker on the minor road is recommended.
ii.Intersections of Minor Road with Major Roads and mid block sections in urban areas where it is desirable to bring down the speeds.
iii.Selected local streets, in residential areas, schools, colleges, hospitals, etc., and also in areas where traffic is observed to travel faster than the regulated or safe speed in the area.
iv.Approaches to temporary diversion.
v.Approaches to weak or narrow bridges and culverts requiring speed restriction for safety.
vi.Sharp curves with poor sight distance.
3.On paper, what is stated , there can be no quibble. However, if one drives even around Chennai, the ground reality may not be as reflected in the affidavit. We, thus, call upon the fifth respondent to carry out a survey of the speed breakers, as an example, in Chennai, and to verify how many of them meet the requirements.
4.The exercise be undertaken within three (3) months.
5.Writ petition stands disposed of. No costs.
6.List for compliance on 30.09.2016.
7.Compliance report be filed three (3) days prior to the next date of hearing.
(S.K.K., CJ.) (R.M.D., J.) 20.06.2016 Index : Yes/No Website : Yes/No Note: Mark a copy to The Section Officer, Writ Section, for listing the case on 30.09.2016 for compliance.
sra To
1.The State of Tamil Nadu, Rep. by the Secretary to Govt., Highways Department, Fort St. George, Chennai-9.
2.The State of Tamilnadu, Rep. by the Secretary to Govt., Dept. of Municipal Administration and Water Supply, Fort St. George, Chennai-9.
3.The Secretary to Government, Ministry of Road Transport and Highways, Transport Bhavan, Parliament Street, New Delhi.
4.The Chairman, National Highways Authority of India, New Delhi.
5.The Commissioner, Corporation of Chennai, Chennai 600 003.
The Hon'ble Chief Justice and R.Mahadevan, J.
(sra) W.P.No.10820 of 2013 (Taken-up PIL) 20.06.2016