E. RANGANAYAKI Vs. COMMISSIONER GREATER CHENNAI CORPORATION
LAWS(MAD)-2019-7-126
HIGH COURT OF MADRAS
Decided on July 11,2019

E. Ranganayaki Appellant
VERSUS
Commissioner Greater Chennai Corporation Respondents

JUDGEMENT

Subramonium Prasad, J. - (1.) Ms.E.Ranganayaki, Advocate, has filed the instant writ petition, for a writ of mandamus, directing the respondents, for placement of a pedestrian crossing, opposite to Kendriya Vidyalaya School, GPRA Campus, Thirumangalam, Anna Nagar, Chennai, by deputing traffic Police, to regulate traffic and to construct a foot over bridge, near the school, within the time frame.
(2.) Petitioner/Party-In-Person whose daughter is studying in Kendriya Vidyalaya School, at Anna Nagar, Thirumangalam, Chennai, states that, 2,200 students are studying from I Standard to XII Standard. Petitioner states that a fly over has been constructed on the road opposite to the School. She staes that earlier, there was a pedestrian crossing, just opposite to the School campus, which was used by the children to cross the road, in the morning and in the evening. The petitioner states that after the construction of a flyover, two sides of the road have been barricaded at the median. Petitioner states that in the morning and in evening, children run to cross the road, jumping over/squeezing through the centre median to reach other side of the road. Petitioner would also contend that since the pedestrian crossing has been closed, people are coming on the wrong side to drop the children or pick up their children which is resulting in further chaos.
(3.) On notice, Inspector of Police, V 5 Traffic Police Station, Thirumangalam, Chennai, has filed a counter affidavit on behalf of Joint Commissioner of Police (Traffic), Poonamallee High Road, Kilpauk, Chennai, which reads as under:- "2. It is stated that before the construction of the Fly Over (ROB) in front of the School on the 100 feet road there was a pedestrian crossing with an Automated Traffic Signal. During the year 2015, an ROB was constructed and was opened for the public utility to benefit the motorists from South to North and vice versa, in order to alleviate traffic at the major junctions. The length of the bridge is around 125 mts. 3. It is further stated that the access available is a "U" Turn facility at Nesapakkam junction which is roughly 1 km from the mouth of the bridge. Motorists from the northern direction (Anna Nagar, Padi, Estate Road), all are utilising the "U" turn available at Nesapakkam junction. To avoid this journey, vehicles arriving to drop the School children and pick up during opening and closure take the service road from II Avenue junction and travel on the wrong side under the fly over and reach Kendriya Vidyalaya School. Effective steps are also being taken to control this issue. 4. It is submitted that the School is situated at around 25 meters from the mouth of the bridge, with a center median having a height of 4 feet. We have closed all the gaps in the center median. But the locals from the opposite hamlets are removing and scaling the center medians. The bridge is so designed having a downhill traffic where the descending vehicles move with a speed of not less than 40 km speed. Hence it is not possible to stop the vehicles abruptly and this will lead to collision and even serious accidents. Manning the traffic is also not possible due to the speed of vehicles coming down the bridge towards Koyambedu. 5. It is further submitted that many awareness programmes have been conducted and to educate the motorists to avoid jumping the center medians and riding on the wrong side of the service road. 6. It is most humbly submitted that at the present position to facilitate the pedestrian it is humbly suggested the following:- (i). Construction of Foot Over Bridge. Ramp type on 100 feet road - Students can be dropped near the foot over on construction and will be able to reach the School using the foot over bridge. This might be helpful for the local public also. This request to construct the foot over bridge was sent to the Highways Department, on 18/11/2016. (ii). Providing a pedestrian crossing with an opening in the center median - This can be considered by the highways department. An opening in the centre median at around 75-100 meters away from the mouth of the bridge, with grilled gates to be manned by Traffic Police from the local station. To be operated only in the morning and evening during School hours. (iii). Speed Breakers on both the direction incoming and outgoing direction of the Bridge to control the speed of the vehicles descinding from the bridge. This facility should be provided by State Highways Department in order to facilitize the pedestrians to cross the road and reach the School. 7. It is further submitted that in the larger public interest and the safety of road users and school children providing a Foot Over Bridge is most suitable and appropriate remedial measure to get rid of the existing traffic problem in front of the School on the 100 feet road. Until such construction is completed there shall be a opening in the median for this purpose. It is humbly submitted that the same will be proposed and implemented as early as possible and in compliance with this Hon'ble High Courts order.;


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