Madras High Court
The Madurai Manager Old Motor Spare ... vs Madurai City Municipal Corporation, ... on 17 February, 2004
Equivalent citations: 2005(2)CTC759
Author: P.D. Dinakaran
Bench: P.D. Dinakaran, Prabha Sridevan
ORDER P.D. Dinakaran, J.
1. The matter is posted for being mentioned at the request of the learned counsel for the respondent/Corporation and the learned Government Advocate for reporting compliance of the directions of this Courts dated 2.2.2005 made in the above writ petition.
2. It is reported by the learned counsel for respondent/Corporation as well as the learned Government Pleader that the respondent/Corporation have taken all effective steps, discharging public duty, to remove the encroachments on public pathways, public streets, public roads and in all other places, as directed in the order dated 2.2.2005.
3. We record our appreciation for all the efforts taken by the authorities of the respondent/Corporation as well as other authorities, such as Revenue and Police Department, who have assisted the Corporation in complying the directions of this Courts dated 2.2.2005.
4. It is also brought to our notice that the respondent-Corporation as well as the Revenue and Police Departments, are serious in evicting the encroachments as directed in the order dated 2.2.2005, despite some objections from few interested parties either in the name of political parties (or) social organisations (or) religion.
5. Our Constitution is a radiant and vibrant organism and under the banner of Sovereign, Socialist, Secular, Democratic Republic, steadily grows spreading the fragrance of its glorious objectives of securing to all citizens: Justice-Social, Economic and Political. For securing the above cherished objectives equally to all citizens irrespective of their religion, race, caste, sex, place of birth and the chronic socio-economic inequalities and disadvantages, the Constitution having very high expectations from the judiciary, has placed great and tremendous responsibility, assigned a very important role and conferred jurisdiction of the widest amplitude to this Courts for ensuring the principle of the 'RULE OF LAW', which runs through the entire fabric of the Constitution.
6. In this regard, we make it clear that no person or section of the society can claim a separate right or raise objections in the name of political parties (or) social organisations (or) religion, as the State does not owe loyalty to any particular section as such; it gives equal freedom to all its citizens. That is the essential characteristic of secularism and democracy, which are writ large in all the provisions of the Indian Constitution.
7. In our considered opinion, such objections raised either in the name of political parties (or) social organisations (or) religion, will not stand to the test of either 'public interest' or 'public discipline', which would prevail over any rights of the individuals (or) organizations (or) religion conferred under Articles 19(1) and 25(1) of the Constitution of India, as such rights are subservient to the 'public interest' in view of Articles 19(2) and 25(2) of the Constitution of India. Hence, the alleged objections from whichever corner it may be, shall not and need not be yielded while protecting public interest at large, as indicated in the order dated 2.2.2005 made in the above writ petition.
8. Having convinced so, we also deem it fit to set the WHEEL OF LAW on motion in all other Local Bodies, Corporations and Districts that rope within the jurisdiction of the Madurai Bench of the Madras High Courts to give effect to the directions of this Courts dated 2.2.2005 to remove the encroachments within their respective limits, as indicated in the operative portion of the order dated 2.2.2005.
9. The Registry is directed to circulate copies of the order dated 2.2.2005 as well as this order (17.2.2005) to all the District Collectors, Commissioners of Municipal Corporations, Municipalities and Local Bodies, as the case may be, that are within the jurisdiction of the Madurai Bench of the Madras High Courts, for their effective compliance without any undue delay. The compliance of the above directions shall be reported to the Registry by the authorities concerned periodically once in every six months, preferably during the fourth week of January and fourth week of July of every year, for a minimum period of three years from today, and the Registry may seek necessary directions from the Bench concerned, if required.