Madras High Court
K.K.Ramesh vs The Government Of Tamil Nadu on 20 September, 2016
Author: M.V.Muralidaran
Bench: M.V.Muralidaran
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 20.09.2016
CORAM
THE HONOURABLE MR.JUSTICE S.NAGAMUTHU
AND
THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN
W.P.(MD).No.2190 of 2015
and
M.P.(MD).Nos.1 & 2 of 2015
K.K.Ramesh .. Petitioner.
Vs.
1.The Government of Tamil Nadu,
rep. By its Chief Secretary,
Fort St. George, Secretariat,
Chennai-09.
2.The Home Secretary,
Government of Tamil Nadu,
Fort St. George, Secretariat,
Chennai-09.
3.The Secretary,
Highways Department,
Government of Tamil Nadu,
Fort St. George, Secretariat,
Chennai-09.
4.The Secretary,
Local Administration,
Government of Tamil Nadu,
Fort St. George, Secretariat,
Chennai-09.
5.The Director General of Police,
Tamil Nadu,
Chennai. .. Respondents
Prayer: Petition filed under Article 226 of the Constitution of India to
issue Writ of Mandamus directing the 1st respondent to issue circular to
all District Collectors, all Corporations, all Municipalities, all
Commissioner of Police and all Superintendent of Police and other concerned
authorities to remove all the Statues, Religious Installations and
Structures preventing free flow of Road Traffic or hindrance to public peace
of all Highways Roads, Streets, Lanes and By Lanes through out the State
of Tamil Nadu, then only people will get maximum benefit of Roadways by
considering the petitioner's representation dated 08.12.2014.
!For Petitioner : Mr.K.K.Ramesh (Party-in-person)
For Respondents : Mr.M.Govindan
Special Government
Pleader
:ORDER
(The Order of the Court was made by S.NAGAMUTHU.J) The petitioner, who claims to be the Managing Trustee of an organization viz., Tamil Nadu Centre for Public Interest Litigation, has come up with this writ petition under the guise of Public Interest Litigation, with the following prayer:
?To issue a Writ of Mandamus directing the 1st respondent to issue circular to all District Collectors, all Corporations, all Municipalities, all Commissioner of Police and all Superintendent of Police and other concerned authorities to remove all the Statues, Religious Installations and Structures preventing free flow of Road Traffic or hindrance to public peace of all Highways, Roads, Streets, Lanes and By Lanes through out the State of Tamil Nadu, then only people will get maximum benefit of Roadways by considering the petitioner's representation dated 08.12.2014.?
2.We have heard the party-in-person and the learned Special Government Pleader appearing for the respondents.
3.The Joint Secretary to Government, Home (Prohibition and Excise) Department, Secretariat, Chennai has filed a counter affidavit stating as follows:
?It is submitted that various road side encroachments are being cleared by police in consultation and co-ordination with revenue authorities. Free flow of traffic, in all congested areas is being ensured by posting additional traffic police, proper road engineering and placing barricades. Traffic police are instructed to ensure proper regulation of traffic for free flow of ambulance whenever emergency arises.?
4.We have considered the above submissions. We have also perused the records carefully.
5.We are of the considered view that the petitioner has come up with an innocuous prayer, without specificying which are all the statutes or religious installations or structures, put up in violation of any rules or regulations or Government Order so as to disturb the free flow of the traffic.
6.A perusal of the affidavit filed by the petitioner would go to show that very vague and general allegations have been made by the petitioner that stuatues, religious installations and structures are made, preventing free flow of traffic. Unless specific instances are cited, it is not possible for this Court to consider the prayer made by the petitioner. Therefore, in our considered view, there is no merit in this writ petition. Hence, this writ petition is dismissed. No costs. Consequently, connected miscellaneous petitions are also dismissed.
To
1.The Chief Secretary, Government of Tamil Nadu, Fort St. George, Secretariat, Chennai-09.
2.The Home Secretary, Government of Tamil Nadu, Fort St. George, Secretariat, Chennai-09.
3.The Secretary, Highways Department, Government of Tamil Nadu, Fort St. George, Secretariat, Chennai-09.
4.The Secretary, Local Administration, Government of Tamil Nadu, Fort St. George, Secretariat, Chennai-09.
5.The Director General of Police, Tamil Nadu, Chennai. .