G CHAMBI RAJ Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioner, Secretary, All India Lawyers' Union has filed W.P. No.12147/95 by way of public interest litigation, seeking for the relief of mandamus forbearing the respondents from interfering in, any manner with the free access of the public to the public amenities and utilities like electricity, roads, pavements, water, transport (public and private) or misuse of official machinery for private functions of persons holding public office and Other acts in contravention of law.

(2.) The petitioner has stated in the affidavit that the fifth respondent herein, the Chief Minister of Tamil Nadu is celebrating the marriage of her foster son Mr. Sudhakar on 7-9-1995 at Madras and the said function is purely a private family affair. But unfortunately the State's resources are being exploited by the fifth respondent and deployed extensively to facilities celebration of the function in medieval splendour. The petitioner narrated as to what are all the arrangements being made for the said marriage. As I am not dealing with the main writ petition, I am not proposed to extract all the averments of the petition. But however, since I am dealing with W.M.P.Nos.19360 and 19361 of 1995, I deal with the averments made by the petitioner in respect of those reliefs alone.

(3.) The further case of the petitioner is that for the purpose of marriage number of arches, cut-outs, fixtures and other structures are being put up on the road and pavements from Taramani to Santhome and beyond. The first and-second respondents have a statutory duty under Ss. 220, 223 and 226 of the Madras Municipal Corporation Act to ensure that there are no obstructions or encroachments on any streets and pavements. The respondents 1 and 2 have failed to take any steps to remove these encroachments. Further on the arches, fixtures, cut-outs and other structures, electric lighting, fittings have been installed and obviously the electric supply for these connections have been lifted from the existing street lights and other public electric connection sources. The fourth respondent have failed in their statutory duty to stop these public electricity sources and connections from being misused. On account of the heavy consumption of electricity likely to take place on 6th and 7th September, on which dates the marriage celebrations are to be held, the fourth respondent has decided to deny electric supply to Santhome, Mylapore and certain other areas which are in the immediate vicinity of the site of the marriage and thus causing the residents of the locality, extreme agony and hardship. Moreover there has been large deployment of police force to carry out the fixtures and structures and to attend to other aspects of this private function. The act of putting up the structures, arches and fixtures if contrary to law. Section 220 of the Madras Municipal Corporation Act provides that no one shall build up or erect any obstruction or projection or make any encroachment in or over any street. Section 222 of the said Act casts a duty on the Commissioner of Corporation to remove such encroachments or obstruction on any street. Section 222(3) of the said Act envisages that no Licence can be granted if such projection or construction causes public inconvenience or otherwise materially interfere with the use of the road. On the ground of public policy as well as law, the erection of such arches as well as other fixtures and structures is not permissible. It appears as though the authorities have no control over the situation, It also appears that no procedure exists for checking these erections from the point of view of stability and safety and having proper warning systems. The arches, cut-outs, fixtures and structures have been put up without the necessary permission being obtained from the authorities. The erection of these fixtures and structures would result in grave and irreparable loss to the members of the public in addition to being in gross violation of the statutory provisions of the Madras Municipal Corporation Act and the Tamil Nadu Open Places (Prevention of Disfigurement) Act.