The court dismissed a petition challenging a roadside park's width. It held that municipal corporations have the primacy in road and pavement design, and courts should not interfere unless the decision opposes public interest.
No order as to costs. Writ petition dismissed.
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
DATED: 09.11.2021
CORAM :
THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
W.P.No.23739 of 2021
S.Parthiban
.. Petitioner
Vs
Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus, direct the respondents to take appropriate action to remove the Road Side Park of 3 meters breadth out of 10 meters and 150 meters length
out of 397 meters of length at Reddikuppam road situated within Zone-X, Division No.140 of Greater Corporation of Chennai, by considering the petitioner's representation dated 28.09.2021 and 30.09.2021 within a time stipulated by this Court.
For the Respondents : Ms.Karthikaa Ashok
ORDER
(Order of the Court was made by Hon'ble Chief Justice)
This is utterly a frivolous petition requiring the court to monitor what the width of a road should be or what the width of the pavement or walkway along the road should be.
There will be no order as to costs.
Sd/Assistant Registrar(CS III) //True Copy//
Sub Assistant Registrar bbr
To:
+1CC to M/s.Karthikaa Ashok, Advocate, Sr.No.57945 +1Cc to Mr.A.Ilaya Perumal, Advocate, Sr.No.57402
W.P.No.23739 of 2021 EV (CO) K.RK. (17.11.2021)
1 issue framed by the court
Whether the High Court should direct the Corporation to alter its road and pavement design to remove a roadside park.
1 provisions across 1 enactments
S. Parthiban
Commissioner, Corporation of Chennai
Asst. Commissioner, Corporation of Chennai
Zonal Officer, Greater Chennai Corporation
Executive Engineer, Corporation of Chennai
Assistant Engineer, Corporation of Chennai
Sanjib Banerjee
P.D. Audikesavalu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
