This writ petition challenged inaction by statutory authorities regarding parking violations at Arya Bhavan Junction. Granted continuation and directions to consider representation.
Direction to respondents to consider petitioner's representation dated 15.11.2024 on merits and pass orders within 3 months.
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WP(MD). No.30115 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 12.12.2024
CORAM
THE HONOURABLE MR.JUSTICE M.S. RAMESH AND THE HONOURABLE Dr.JUSTICE A.D.MARIA CLETE
WP(MD). No.30115 of 2024
K.Ganesh Babu ... Petitioner
Vs
PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to take action against the commercial establishments located at Arya Bhavan Junction on West Masi Street and South Masi Street that have violated the parking requirements under Rule 38(4) and Rule 39(8) of the Tamil Nadu Combined Development and Buildings Act, 2019, and
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consequently direct the respondents to take effective steps to provide adequate and organized parking spaces at Arya Bhavan Junction and along West Masi Street and South Masi Street, in order to alleviate traffic congestion, ensure public safety, and improve the accessibility of the area to both pedestrians and vehicles by considering the petitioner's representation dated 15.11.2024.
For Petitioner : Mr.S.Srikanth For Respondents : Mr.P.Thilak Kumar for R1 Government Pleader Mr.P.Kottaisamy for R3 Government Advocate (Crl. side) Mr.P.Anbunithi for R2
ORDER
(Order of the Court was made by M.S.RAMESH,J.)
By consent of both sides, the writ petition itself is taken up for final disposal at the stage of admission itself.
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Buildings Act, 2019, and consequently direct the respondents to take effective steps to provide adequate and organized parking spaces at Arya Bhavan Junction along West Masi Street and South Masi Street, in order to alleviate traffic congestion, ensure public safety, and improve the accessibility of the area to both pedestrians and vehicles by considering the petitioner's representation dated 15.11.2024.
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invoking its extraordinary powers under Article 226 of the Constitution
of the India and direct them to consider the same within a stipulated time.
the concerned respondents to consider the same on its own merits.
No costs.
[M.S.R.,J] [A.D.M.C.,J] 12.12.2024 NCC : Yes/No Index : Yes/No
RR
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To
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WP(MD). No.30115 of 2024
M.S. RAMESH, J. AND A.D.MARIA CLETE, J.
RR
ORDER IN WP(MD) No.30115 of 2024
Date : 12/12/2024
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3 issues framed by the court
Whether winding up of representation by statutory authorities regarding parking violations amounts to dereliction of duty.
Whether court can direct authorities to consider and pass orders on petitioner's representation within stipulated time.
Whether establishment of effective parking facilities can be mandated to alleviate traffic congestion.
2 provisions across 2 enactments
K.Ganesh Babu
District Collector, Madurai District
Commissioner / Monitoring Committee, Madurai City Corporation
Deputy Commissioner of Police, Crime and Traffic, Madurai City
M.S. RAMESH
A.D. MARIA CLETE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
