Disposed

G. Theeran Thirumurugan @ Thirumurugan v. The Principal Secretary

Madras HC5 Sept 2024WP(MD)/20347/2024

Case brief

AI extract

What is this about?

Writ petition sought a mandamus to construct a speed breaker at the Melur Highway junction near Bharathi Nagar, Madurai. The court declined, citing traffic pile-up concerns, but issued directions regulating parking, removing advertisement boards obstructing the carriageway, and posting a traffic constable at peak hours.

What did the court decide?

Directions to regulate parking, remove advertisement boards from the road, and post a traffic constable at the junction during peak hours; no speed breaker directed; petitioner may seek reopening if n

G. Theeran Thirumurugan @ Thirumurugan Vs The Principal Secretary — Madras HC (2024) — LawSathi Research

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W.P.(MD)No.20347 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 05.09.2024

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CORAM:

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THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI

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W.P.(MD)No.20347 of 2024

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G.Theeran Thirumurugan @ Thirumurugan ... Petitioner

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-vs-

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1.The Principal Secretary, State Highways Department, 76, Sadhar Patel Road, Guindy, Chennai - 600 025.

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2.The Director General, The Highways Department, Integrated Chief Engineer Office, 76, Sadhar Patel Road, Guindy, Chennai - 600 025.

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3.The Chief Engineer (Highway Project), Integrated Chief Engineer Office, 76, Sadhar Patel Road, Guindy, Chennai - 600 025.

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4.The Superintending Engineer (NH), Office of the Superintending Engineer, No.5, Besant Road, Chinna Chokkikulam, Madurai District.

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)No.20347 of 2024

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5.The Superintendent of Police, Office of the Superintendent of Police, Madurai, Madurai District.

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6.The Inspector of Police, Office of the Inspector of Police, Othakadai, Madurai District.

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7.The Inspector of Police, Office of the Inspector of Police (Traffic and Road Safety), Y.Othakadai, Madurai District. ... Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents 1 to 4 to take appropriate action to construct the speed breaker in the three-road intersection of the Melur Highway near to the Bharathi Nagar in front of Zam Zam Sweets in the safety interest of the public in accordance with law within the time stipulated by this Court.

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For Petitioner : Mr.R.Alagumani For R1 to R4 : Mr.P.Thilakkumar Government Pleader For R5 to R7 : Mr.B.Thanga Aravindh Government Advocate (Criminal side)

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)No.20347 of 2024

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O R D E R

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[Order of the Court was made by R.SUBRAMANIAN, J.]

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The Deputy Superintendent of Police, Umachikulam, Madurai

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District, is present in person.

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2 . The Assistant Divisional Engineer, Highways, Madurai, has filed a

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status report, which reveals that installing speed breakers at the junction will cause traffic to pile up both towards the City and moving out of the City. The Madurai – Melur Road being a very important highway, putting up such speed breakers is not advisable. However, it is seen from the report that barricades have been put up to ensure that vehicles proceeding on the highway in both directions reduce their speed considerably while approaching the junction.

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3 . Mr.P.Thilakkumar, learned Government Pleader would also state

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that speed breakers have been put up in the side road so as to slow down the vehicles that approach the highway.

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4 . During the hearing, photographs that have produced show that

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there has been indiscriminate parking of vehicles on both sides of road. It is also

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Page 3 of 7

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)No.20347 of 2024

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seen that shop owners have erected advertisement boards almost on the middle of

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the road, thereby, reducing the width of the six lane carriage way to four lane.

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5 . The Deputy Superintendent of Police, Umachikulam, Madurai District, is directed to ensure that the parking of vehicles in the road particularly, on the south of the High Court campus till the Agricultural University College campus is regulated and it does not hinder free flow of traffic. The advertisement boards that have been put up by the shop owners on both sides of the road are directed to be removed forthwith.

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6 . We find that having two or three rows of parking on either side of the road definitely results in bottlenecks.

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7 . There will be a further direction to the Deputy Superintendent of Police, Umachikulam, Madurai District, to post a traffic constable in the junction during the peak hours namely, between 08.30 a.m. and 10.30 a.m. in the morning and between 04.00 p.m. and 06.30 p.m. in the evening so as to regulate the traffic and allow vehicles coming from Bharathi Nagar Road. It is also stated that the

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)No.20347 of 2024

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petitioner's father, who runs a Restaurant, also parks his vehicle in the manner that hinders the traffic and refuses to take it. If any parking is unauthorized, the Police will be at liberty to remove it and take appropriate action in accordance with law.

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8 . The Writ Petition is disposed of with the above directions. No

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costs. The petitioner is entitled to seek reopening, if the above directions are not complied with.

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NCC : No [R.S.M., J.] [L.V.G., J.] Index : No 05.09.2024 smn2

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Copy to :-

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The Deputy Superintendent of Police, Umachikulam, Madurai District.

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To:-

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1.The Principal Secretary, State Highways Department, 76, Sadhar Patel Road, Guindy, Chennai - 600 025.

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https://www.mhc.tn.gov.in/judis

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2.The Director General, The Highways Department, Integrated Chief Engineer Office, 76, Sadhar Patel Road, Guindy, Chennai - 600 025.

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W.P.(MD)No.20347 of 2024

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3.The Chief Engineer (Highway Project), Integrated Chief Engineer Office, 76, Sadhar Patel Road, Guindy, Chennai - 600 025.

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4.The Superintending Engineer (NH), Office of the Superintending Engineer, No.5, Besant Road, Chinna Chokkikulam, Madurai District.

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5.The Superintendent of Police, Office of the Superintendent of Police, Madurai, Madurai District.

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6.The Inspector of Police, Office of the Inspector of Police, Othakadai, Madurai District.

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7.The Inspector of Police, Office of the Inspector of Police (Traffic and Road Safety), Y.Othakadai, Madurai District.

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https://www.mhc.tn.gov.in/judis

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_____________ Page 6 of 7_

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W.P.(MD)No.20347 of 2024

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R.SUBRAMANIAN, J. and L.VICTORIA GOWRI, J.

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smn2

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W.P.(MD)No.20347 of 2024

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05.09.2024

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_____________ Page 7 of 7_

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https://www.mhc.tn.gov.in/judis

G. Theeran Thirumurugan @ Thirumurugan v. The Principal Secretary

Case brief

What is this about?

What did the court decide?

G. Theeran Thirumurugan @ Thirumurugan v. The Principal Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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