BSNL sought impleadment in a writ petition disputing the allotment of a platform adjacent to its telephone exchange for hawking. The Court found impleadment unnecessary as the platform should not be allotted for hawking due to BSNL's maintenance requirements, and disposed of the petition.
BSNL need not be impleaded; Miscellaneous Petition disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Special Original Jurisdiction )
Friday, the Sixth day of January Two Thousand Seventeen
PRESENT
THE HON'BLE MR.SANJAY KISHAN KAUL, THE CHIEF JUSTICE
and
THE HON`BLE MR JUSTICE M.SUNDAR
WMP.No.521 of 2017
in WP.No.33821 of 2014
THE ASST. GENERAL MANAGER [ PETITIONER ] (RULING), BHARAT SANCHAR NIGAM LIMITED CHENNAI TELEPHONES, NO.7, KUSHKUMAR ROAD, CHENNAI-600 034.
Vs 1 S.RAGU, [ RESPONDENT ]
2 THE COMMISSIONER OF POLICE CHENNAI CITY, VEPERY, CHENNAI-3.
3 COMMISSIONER CORPORATION OF CHENNAI, RIPPON BUILDINGS, CHENNAI-3.
4 THE DIRECTOR OF FIRE AND RESCUE SERVICE, GOVERNMENT OF TAMILNADU, NO.1, GREAMS ROAD, THOUSAND LIGHTS, CHENNAI-6.
5 HOTEL SANGEETHA ENTERPRISES (P) LTD., 109, ARMENIAN STREET, CHENNAI-1. 6 HOTEL SARAVANA BHAVAN UMBERSAN STREET, CHENNAI-1.
7 HOTEL SARAVANA BHAVAN OPP. TO THOUSAND LIGHTS MOSQUE, PETERS ROAD, ROYAPETTA, CHENNAI-14.
8 HOT CHIPS RESTAURANTS PVT. LTD., 225, NSC BOSE ROAD, CHENNAOI-1.
9 HOTEL SARAVANA BHAVAN OPP. TO ANNA STATUE, MOUNT ROAD, CHENNAI-2.
10 HOTEL SARAVANA BHAVAN 77, USMAN ROAD, T.NAGAR, CHENNA-17. 11 HOTEL BUHARI OPP TO TARAPUR TOWERS, 107, ANNA SALAI, CHENNAI-2. 12 SANGAM RESTAURANTS OPP. TO TARAPUR TOWERS, MOUNT ROAD, CHENNAI2. 13 HOTEL PARAMBRYIN VEETU SAPPADU, THAMBU CHETTY STREET CORNER, NSC BOSE ROAD, OPP. MADRAS HIGH COURT, CHENNAI-1. 14 THALAPAKATTI BIRIYANI NSC BOSE ROAD, OPP. MADRAS HIGH COURT, CHENNAI-1. 15 A1 REEF RESTAURANT NO.2, IYAPPA CHETTY STREET, MANNADY, CHENNAI1. 16 WOODLANDS HOTEL SECOND LANE BEACH, CHENNAI-1.
17 HOTEL VASANTHA BHAVAN OPP TO EGMORE RAILWAY STATION, 43, GANDHI IRWIN ROAD, EGMORE, CHENNAI-8.
18 SHRI DEVI PARK HOTEL 1, HANUMANTHA ROAD, NORTH USMAN ROAD, T. NAGAR, CHENNAI-17.
19 ADYAR ANANDA BHAVAN OPP TO KURALAGAM, NSC BOSE ROAD, CHENNAI-1.
20 KALYANA BIRIYANI NO.1, POST OFFICE STREET, BEHIND GPO, CHENNAI-1.
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to Implead as Petitioner / Respondent in WP No.33821 of 2014(in WMP.No.521/2017) pending disposal of the above WP.No.33821/2014.
Order : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.K.PARAMESHWARI, Advocate for the petitioner and of M/S.A.SIRAJUDEEN, Senior Counsel for M/S.R.RAJAMANI Advocate for the 1st respondent and of M/S.C.MANISHANKAR AAG Assisted by M/S.K.SOUNDARARAJAN, Advocate for the Respondents 2 & 3 and of M/S.C.MANISHANKAR AAG Assisted by M/S.M.K.SUBRAMANI, Government Pleader for 4th respondent the court made the following order:-
The Bharat Sanchar Nigam Limited (BSNL) has sought impleadment in the present writ proceedings with the limited object of protecting their rights in as much as the platform adjacent to Flower Bazaar BSNL Telephone Exchange upto Post Office compound at NSC Bose road ought not to be allotted for hawking purpose in view of the difficulties expressed, which are extracted as under:
I submit that the Department of Telecommunications sanctioned approval for construction of Ground + 8 storyed administrative building in 1992 at NSC Bose Road, Chennai. Department of Telecommunications/BSNL obtained approval from competent authorities such as Corporation of Chennai, clearance from Aviation Department, Fire and Rescue Services, Tamilnadu etc. The proposed building is adjacent to the existing Flower Bazaar Telephone exchange within the complex. Further BSNL`s Corporate Office recently decided for construction of ground + 2 floors at present. As per the plan new entry is planned near the hutments in NSC Bose Road which will be for ingress and egress not only for staff and public who approach BSNL. Not only that all that primary cable connections from the exchange run through cable duct adjacent to the compound wall i.e. platform stretching in front of BSNL Telephone exchange in NSC Bose Road upto hutments and further. The above cable ducts lie about more than 5 ft below the ground. Ground has to be dug below 5 ft to check the primary cables in the cable ducts for maintenance purpose. The above cable duct starts from the entrance to the telephone exchange and runs adjacent to the compound wall. The primary cable connections are meant for Secretariat, High Court, Rajiv Gandhi General Hospital, Central Station of Southern Railways, Chennai Port Trust apart from various banks business people professionals and general public. BSNL needs the platform to be kept vacant running near the compound wall for upkeep, to maintenance of primary cables. In order to give continued and constant communication services to the above mentioned authorities in and around Hon`ble High Court Madras the platform adjacent to the compound wall of Flower Bazar BSNL telephone exchange NSC Bose Road has to be kept vacant.
2.In view of what is stated aforesaid, we are of the view that the said platform should not be allotted for hawking purpose and thus, there is no further need to implead the BSNL as a party in the writ proceedings.
3.Miscellaneous Petition is, accordingly, disposed of. -sd/06/01/2017 / TRUE COPY /
Sub Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.
TO
1 THE COMMISSIONER OF POLICE CHENNAI CITY, VEPERY, CHENNAI-3. 2 THE COMMISSIONER CORPORATION OF CHENNAI, RIPPON BUILDINGS, CHENNAI-3.
3 THE DIRECTOR OF FIRE AND RESCUE SERVICE, GOVERNMENT OF TAMILNADU NO.1, GREAMS ROAD, THOUSAND LIGHTS, CHENNAI-6.
C.C. to M/S.K.PARAMESHWARI Advocate on payment of necessary charges C.C. to M/S.R.RAJAMANI, Advocate, on payment of necessary charges. C.C. to M/S.K.SOUNDARARAJAN, Advocate, on payment of necessary charges.
C.C. to M/S.M.K.SUBRAMANI, Advocate, on payment of necessary charges.
C.C. to The Government Pleader, High Court, Chennai-104.
From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format KP(02.02.2017)
1 issue framed by the court
Whether BSNL needs to be impleaded as a party in writ proceedings concerning allocation of a public platform for hawking.
THE ASST. GENERAL MANAGER [ PETITIONER ] (RULING), BHARAT SANCHAR NIGAM LIMITED
S.RAGU
THE COMMISSIONER OF POLICE CHENNAI CITY
COMMISSIONER CORPORATION OF CHENNAI
THE DIRECTOR OF FIRE AND RESCUE SERVICE, GOVERNMENT OF TAMILNADU
SANJAY KISHAN KAUL
M. SUNDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
