The Madras High Court has observed that it is the responsibility of the traffic police to maintain safe and free flow of traffic and ensure that there are no impediments for the free flow of traffic. Steps can be undertaken by the Corporation and the traffic police to regulate the movement of the traffic in a manner that there would be hassle-free movement of the traffic. The various initiatives can be taken by the respondents in that regard.
The Division Bench of Chief Justice Sanjay V. Gangapurwala and Justice D. Bharatha Chakravarthy disposed of a Public Interest Litigation (PIL) filed seeking direction to the the The Commissioner, Corporation of Chennai, (1 st respondent) to remove all the encroachments in all these streets/roads and also to attend the health hazardous and direct the respondents to frame a scheme for providing proper traffic arrangement like appropriate parking area, one way traffic system, etc., in all the streets in Parry’s Corner including Linghi Chetty Street, Thambu Chetty Street, Armenian Street, enabling the pedestrians to use the roads safely and to make the surroundings of our High court a model to the other parts of the city.
The contention of the petitioner is that the encroachments are made in the streets/roads. There is no space available for regular movement of the traffic in all the streets at Parrys’ Corner including Linghi Chetty Street, Thambu Chetty Street, Armenian Street. The pedestrians also cannot move safely. The pathways are used by the shop owners to exhibit their products.
According to the counsel for the petitioner, the petitioner has given suggestions earlier. The traffic was regulated, there was one-way traffic, but the same is also not being adhered to. The petitioner has given the following suggestions:
i. One way traffic should be implemented in a strict manner in the above streets.
ii. Two wheelers only should be allowed to park in the above streets.
iii. Even the two wheelers parking also must be on a single side. Alternative days the parking site should be changed as in other cities.
iv. Loading and unloading of materials should not be allowed during day times.
v. That appropriate steps must be taken by the 1 st respondent Corporation to remove the encroachment and to keep the area clean and healthy.
The Deputy Commissioner (Traffic), Kamarajar Salai, Chennai (The respondent No.6) has filed a counter. The affidavit states that the traffic police are properly implementing the traffic rules by deploying Sub Inspector of Police and other traffic police personnel. The patrol vehicles are regularly monitoring the unauthorised parking and the vehicles parked haphazardly are removed with the help of the traffic recovery van. The free flow of traffic is maintained.
“Pathways are required to be kept clear of any obstructions. It is the responsibility of the Corporation to observe and monitor that the pathways are not encroached upon nor are being used to exhibit the products of the shopkeepers. If the same is noticed, then immediate deterrent action is required to be taken as against shop owners.”
The Court observed that the Respondent may also consider the representation given by the petitioner on its own merits.