Disposed

E.Ranganayaki v. The Commissioner

Madras HC11 Jul 2019WP/16636/2019

Case brief

AI extract

What is this about?

The Court disposed of a writ petition concerning safety near a school. After finding premature construction of a pedestrian crossing dangerous due to high speeds from a flyover, the Court directed the Greater Chennai Corporation to install a controlled pedestrian crossing with traffic signals as an interim measure while awaiting the construction of a foot over bridge.

What did the court decide?

Directed the Greater Chennai Corporation to provide a Controlled Pedestrian Crossing with a signal at 125 meters from the flyover as an interim measure within four weeks.

E.Ranganayaki Vs The Commissioner — Public Procurement and Tenders | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated: 11/7/2019 C O R A M THE HON'BLE MR.JUSTICE S.MANIKUMAR AND THE HON'BLE MR.JUSTICE SUBRAMONIUM PRASAD

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Writ Petition No.16636 of 2019 a n d W.M.P.No.16265 of 2019

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E. Ranganayaki ... Petitioner

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1. The Commissioner Greater Chennai Corporation Rippon Building Chennai 600 003.

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2. The Joint Commissioner of Police (Traffic) Poonamallee High Road

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Kilpauk Chennai 600 010.

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3. The Deputy Commissioner of Police Anna Nagar

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Chennai 600 040.

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4. The Secretary to the Government Highways and Minor Ports Chennai.

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5. Chennai Metro Rail Limited rep. By Managing Director CMRL – Admin Building Koyambedu Chennai 600 107. (R4 suo motu impleaded vide order dt.02.07.19 made in WP.NO.16636/19 by SMKJ and SPJ R5-suo motu impleaded as per court dated 08/07/19 by SMKJ AND SPJ) ... Respondents

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Prayer Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus directing the respondents for placement of pedestrian crossing opposite to Kendriya Vidyalaya School, GPRA Campus, Thirumangalam, Anna Nagar, Chennai 40 by deputing traffic Police to regulate traffic and to construct a foot over bridge near the school, within the time frame.

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https://hcservices.ecourts.gov.in/hcservices/

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For petitioners

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... Ms.E.Ranganayaki Party-in-Person

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For respondents ... Mr.K.Soundara Rajan for R.1.

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Mr.Akhil Akbar Ali Government Advocate for R.R.2 to 4.

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Mr.Jayesh B. Dolia for R.5.

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- - - - - -

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O R D E R

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(Order of the Court was made by Subramonium Prasad,J)

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Ms.E.Ranganayaki, Advocate, has filed the instant writ petition, for a writ of mandamus, directing the respondents, for placement of a pedestrian crossing, opposite to Kendriya Vidyalaya School, GPRA Campus, Thirumangalam, Anna Nagar, Chennai, by deputing traffic Police, to regulate traffic and to construct a foot over bridge, near the school, within the time frame.

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2. Petitioner/Party-in-Person whose daughter is studying in Kendriya Vidyalaya School, at Anna Nagar, Thirumangalam, Chennai, states that, 2,200 students are studying from I Standard to XII Standard. Petitioner states that a fly over has been constructed on the road opposite to the School. She staes that earlier, there was a pedestrian crossing, just opposite to the School campus, which was used by the children to cross the road, in the morning and in the evening. The petitioner states that after the construction of a flyover, two sides of the road have been barricaded at the median. Petitioner states that in the morning and in evening, children run to cross the road, jumping over/squeezing through the centre median to reach other side of the road. Petitioner would also contend that since the pedestrian crossing has been closed, people are coming on the wrong side to drop the children or pick up their children which is resulting in further chaos.

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3. On notice, Inspector of Police, V 5 Traffic Police Station, Thirumangalam, Chennai, has filed a counter affidavit on behalf of Joint Commissioner of Police (Traffic), Poonamallee High Road, Kilpauk, Chennai, which reads as under:-

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“2. It is stated that before the construction of the Fly Over (ROB) in front of the School on the

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https://hcservices.ecourts.gov.in/hcservices/

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100 feet road there was a pedestrian crossing with an Automated Traffic Signal. During the year 2015, an ROB was constructed and was opened for the public utility to benefit the motorists from South to North and vice versa, in order to alleviate traffic at the major junctions. The length of the bridge is around 125 mts.

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3. It is further stated that the access available is a 'U' Turn facility at Nesapakkam junction which is roughly 1 ½ km from the mouth of the bridge. Motorists from the northern direction (Anna Nagar, Padi, Estate Road), all are utilising the “U” turn available at Nesapakkam junction. To avoid this journey, vehicles arriving to drop the School children and pick up during opening and closure take the service road from II Avenue junction and travel on the wrong side under the fly over and reach Kendriya Vidyalaya School. Effective steps are also being taken to control this issue.

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4. It is submitted that the School is situated at around 25 meters from the mouth of the bridge, with a center median having a height of 4 feet. We have closed all the gaps in the center median. But the locals from the opposite hamlets are removing and scaling the center medians. The bridge is so designed having a downhill traffic where the descending vehicles move with a speed of not less than 40 km speed. Hence it is not possible to stop the vehicles abruptly and this will lead to collision and even serious accidents. Manning the traffic is also not possible due to the speed of vehicles coming down the bridge towards Koyambedu.

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5. It is further submitted that many awareness programmes have been conducted and to educate the motorists to avoid jumping the center medians and riding on the wrong side of the service road.

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6. It is most humbly submitted that at the present position to facilitate the pedestrian it is humbly suggested the following:-

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(i). Construction of Foot Over Bridge. Ramp type on 100 feet road – Students can be dropped near the foot over on construction and will be able to reach the School using the foot over bridge. This might be helpful for the local public also. This request to construct the foot over bridge was sent to the Highways Department, on 18/11/2016.

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(ii). Providing a pedestrian crossing with an opening in the center median – This can be considered by the highways department. An opening in the centre median at around 75-100 meters away from the mouth of

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https://hcservices.ecourts.gov.in/hcservices/

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the bridge, with grilled gates to be manned by Traffic Police from the local station. To be operated only in the morning and evening during School hours.

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(iii). Speed Breakers on both the direction incoming and outgoing direction of the Bridge to control the speed of the vehicles descinding from the bridge. This facility should be provided by State Highways Department in order to facilitize the pedestrians to cross the road and reach the School.

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7. It is further submitted that in the larger public interest and the safety of road users and school children providing a Foot Over Bridge is most suitable and appropriate remedial measure to get rid of the existing traffic problem in front of the School on the 100 feet road. Until such construction is completed there shall be a opening in the median for this purpose. It is humbly submitted that the same will be proposed and implemented as early as possible and in compliance with this Hon'ble High Courts order.

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4. On the basis of the counter affidavit, this Court, on 2/7/2019, passed the following order:-

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“On the basis of a counter affidavit filed by the Joint Commissioner of Police (Traffic) / 2nd respondent, Mr.Akhil Akbar Ali, learned Government Advocate submitted that at the subject place, to facilitate the pedestrians, the following suggestions are made.

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"i) Construction of Foot Over Bridge. Ramp type on 100 feet road - Students can be dropped near the foot over on construction and will be able to reach the school using the foot over bridge. This might be helpful for the local public also. This request to construct the foot over bridge was sent to the Highways Department on 18.11.2016.

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ii) Providing a pedestrian crossing with an opening in the center median. This can be considered by the highways department. An opening in the centre median at around 75-100 meters away from the mouth of the bridge, with grilled gates to be manned by Traffic Police from the local station. To be operated only in the morning and evening during school hours.

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iii) Speed Breakers on both the direction incoming and outgoing direction of the Bridge to control the speed of the

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https://hcservices.ecourts.gov.in/hcservices/

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vehicles descending from the bridge. This facility should be provided by state Highways department in order to facilitize the pedestrians to cross the road and reach the school."

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He further submitted that in the larger public interest and the safety of road users and school children, providing a foot over bridge is most suitable and appropriate remedial measure to get rid of the existing traffic problem in front of the School on the 100 feet road.

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Inasmuch as the subject road is stated to be a State Highways road, it is necessary to ascertain from the State Highways as to the possibility of constructing a foot over bridge within a time frame. Therefore, the Secretary to the Government, Highways and Minor Ports, Chennai, is a necessary and proper party for the effective adjudication of the lis, i.e. the traffic inconvenience and safety of road users and school children near Kendriya Vidhyala School, Thirumangalam, Chennai.

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Thus, in exercise of powers under Article 226 of the Constitution of India, this Court suo motu impleads the Secretary to the Government, Highways and Minor Ports, Chennai, as 4th respondent in this Writ Petition.

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Registry is directed to carryout necessary amendments and post on 08.07.2019.

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The Commissioner, Greater Chennai Corporation, Ripon Building, Chennai / 1st respondent, shall furnish the details of construction of a foot over bridge to the Secretary to Government, Highways and Minor Ports, Chennai, impleaded now.“

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5. On 8/7/2019, it was mentioned that construction of the foot over bridge can only be finalised in coordination with Chennai Metro Rail Limited. We therefore, requested Mr.Jayesh Dolia, to assist the Court. Mr.Jayesh Dolia, on 8/7/2019, submitted that there is no objection for Chennai Metro Rail Limited to construct a Foot Over Bridge at 9/300 km in Inner Ring Road near Kendriya Vidyalaya School, Chennai. He stated that at present, there is no dispute on the alignment. We were also informed that issue regarding Foot Over Bridge at 9.300 km in Inner Ring Road, near Kendriya Vidyalaya had already been considered and Government have issued G.O.(Ms) No.162 Highways & Minor Ports (HW1) Department, dated 28/9/2018.

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6. It was also brought to our notice that in the Second Steering Committee Meeting held on 22/5/2019, two options were

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https://hcservices.ecourts.gov.in/hcservices/

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suggested regarding construction of Foot Over Bridge. Relevant portion is reproduced hereunder:

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“5. In the Second Steering Committee meeting held on 22.05.2019, as regards Agenda No.7, Highways and Minor Ports (HW1) Dpeartment, CMRL, has suggested as hereunder: Agenda No.7 Construction of Foot Over Bridge with escalator at Km 9/300 in Inner Ring Road near Kendriya Vidyalaya School

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The proposed FOB is situated at km 9/300 of Inner Ring Road near Kendriya Vidyalaya School at Thirumangalam, Anna Nagar. The Centre Median along the stretch is continuous without opening from Thirumangalam to Koyambedu Junction. The Kendriya Vidyalaya school is located in CPWD Housing Quarters at km 9/300 on LHS.

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There are Bus Stop, School and Mall along the road where more pedestrian movements experienced. The vehicles are plying at higher speed in the above stretch. This study discuss the conflict between movement of pedestrians & vehicles and its remedial measures to avoid accidents involving pedestrians. In order to avoid lengthy travel, most of the pedestrians jump over median to cross the road, risking their lives. Hence, it is essential to provide a Foot Over Bridge with Escalator facility at this location. Option-1

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In this option FOB is proposed near Kendriya Vidyalaya School new entrance. It is easily accessible for the people all along the road. The length of the FOB is about 33.70m and width of the FOB is 5.0m.

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The rough cost of the project is Rs.10.30 Crore (Civil - 5.11 + Shifting of Bus shelter - 0.70 + Reconstruction of Compound wall - 0.60 + others - 3.89) Option-2

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In this option FOB is proposed near to the Bus stop & Kendriya Vidyalaya School. But it is very close to the Thirumangalam Grade Separator which may lead to inconvenience to the vehicular traffic. The length of the FOB is about 34.90m and width of the FOB is 5.0m.

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The rough cost of the project is Rs.10.30 Crore (Civil - 5.20 + Shifting of Bus shelter - 0.70 + Reconstruction of compound wall - 0.60 + others - 3.93).

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During discussion, the following discussions were made.

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https://hcservices.ecourts.gov.in/hcservices/

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● Managing Director, CMRL and the Principal Secretary, Finance Department (Expenditure) suggested to provide FOB near VR mall, since crow at this location is more.

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● Managing Director, CMRL stated that there is a proposal for Metro Rail Station near VR mall under Phase II. Further, the Managing Director has stated that the CMRL land is available near VR mall and it can be used for construction of FOB.

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It is suggested to finalise the proposal in consultation with CMRL.

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After the detailed discussion, the Committee cleared the Option I proposal with the suggestion to explore the possibility to locate the proposed FOB near Metro Zone, VR mall by utilising the CMRL land with proper footpath facilities.

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Construction of Foot Over Bridge is stated to be a solution for the traffic congestion. CMRL is also a party whose consent is sought for construction of Foot Over Bridge, and alignment. Hence CMRL is a necessary and proper party. Therefore, in exercise of power under Article 226 of the Constitution of India, we suo motu implead Chennai Metro Rail Limited, represented by Managing Director, CMRL-Admin. Building, Koyambedu, Chennai - 600 107 as 5th respondent in W.P. No.16636 of 2019. The Managing Director, CMRL, Chennai is directed to file an affidavit on the submissions made by Mr.Jayesh B Dolia, learned counsel appearing for CMRL.

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Post the matter on 10.7.2019.”

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7. The case was posted for hearing on 10/7/2019. On 10/7/2019, we passed the following order:-

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“Instructions have been received from the Divisional Engineer (H), Chennai City Roads Division, Construction and Maintenance, Chennai, to the effect that providing pedestrian crossing at a length of 120 metres from the flyover is not advisable since the speed of the vehicles descending from the flyover will be high compared to the vehicle travelling in the normal gradient and thus cannot be controlled immediately.

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According to the Divisional Engineer (H), Chennai City Roads Division, Construction and Maintenance, Chennai, providing pedestrian crossing, as suggested, may lead to accidents and will become a black spot.

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https://hcservices.ecourts.gov.in/hcservices/

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However, it is represented that the proper authority to examine the issue as to whether, provision of pedestrian crossing at the above distance, is advisable or not, would be the Divisional Engineer (H), Chennai City Roads Division, Construction and Maintenance, Chennai, or any other suitable Competent Authority in traffic planning, Highways Department, Chennai.

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Mr.Akhil Akbar Ali, learned Government Advocate, is directed to get instruction, from the above said authority.

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5. Post on 11.07.2019.

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8. Today, Mr.V.Saravana Selvam, Divisional Engineer, Highways Construction and Maintenance, City Roads, Saidapet, Chennai and Mr.S.Ramalingam, Deputy Director – IV, Highways Research Station, Chennai are present. Both opined that Controlled Pedestrian Crossing with a signal, at length of 125 meters from the flyover is possible. They however submitted that said arrangements of providing a Controlled Pedestrian Crossing with a signal be made only as an interim arrangement, till the construction of the foot over bridge is completed.

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9. Placing on record the above, we direct the Commissioner, Greater Chennai Corporation, Chennai, first respondent, to provide Controlled Pedestrian Crossing, with a signal at the abovesaid place, opposite to Kendriya Vidyalaya School, GPRA Campus, Thirumangalam, Anna Nagar, Chennai. Joint Commissioner of Police (Traffic), Chennai, Deputy Commissioner of Police, respondents 2 and 3 respectively, are directed to provide adequate number of Police personnel, to ensure free flow of traffic, in the service road measuring 8 meters width, adjoining the inner link road and also ensure safety of the children.

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10. On instructions, from the Assistant Commissioner of Police (Traffic), Mr.Akhil Akbar Ali, learned Government Advocate submitted that installation and provision of signal would be completed, within a period of four weeks, by floating a tender and finalisation thereof.

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11. With the above directions, instant writ petition is disposed of. No costs. Consequently, the connected Miscellaneous Petition is closed.

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Sd/-

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Assistant Registrar(CO)

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//True Copy//

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Sub Assistant Registrar

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To
1. The Commissioner
Greater Chennai Corporation
Rippon Building
Chennai 600 003.
2. The Joint Commissioner of Police (Traffic)
Poonamallee High Road
Kilpauk
Chennai 600 010.
3. The Deputy Commissioner of Police
Anna Nagar
Chennai 600 040.
4. The Secretary to the Government
Highways and Minor Ports
Chennai.
+1cc to Government Pleader sr.59369
+1cc to Ms.E.Ranganayaki, Party in person, sr.59514
+1cc to Mr.K.Soundara Rajan, Advocate sr.59652
Writ Petition No.16636 of 2019
nr 17/07/2019

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E.Ranganayaki v. The Commissioner

Case brief

What is this about?

What did the court decide?

E.Ranganayaki v. The Commissioner

Case brief

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