MADURAI: Considering the difficulties faced by the public due to the establishment of shops in road margins, the Madurai Bench of the Madras High Court recently directed the state highways and the municipal administration and water supply departments to frame guidelines for granting licenses to run shops on road margins in accordance with the Tamil Nadu Highways Act and the District Municipalities Act.
Justice B Pugalendhi, who gave the direction, also told the secretaries of the above two departments to constitute a committee to identify the number of such shops permitted on road margins across the state and to make sure that the relevant rules are strictly followed and the convenience of the common public is not affected. "The respective departments should also ensure that the pathways or sidewalks on the margin of roads or streets are not occupied or encroached for any other purpose," he added.
Justice Pugalendhi passed the order while hearing a petition filed by Chinnamasanam against the removal of an Aavin Kiosk, which he had set up on the margin of the Madurai- Kanniyakumari National Highways in front of the Sattur taluk office. The petitioner claimed that he obtained permission from Virudhunagar Co-Operative Milk Producers Union and the Highways department before establishing the kiosk, but it was refuted by the tahsildar who said putting up shops in the location was already prohibited by the police department.
Hearing both sides, Justice Pugalendhi observed that despite repeated reminders by the Supreme Court that the margins of the roads and streets are meant for the common use of pedestrians, officials are misusing their powers by granting licenses on these road margins in violation of the prevailing Acts and Rules without considering the nuisance caused to the public.
The same situation prevails across the state and in Madurai City, for instance, shops can be found opposite to Madurai Omni Bus stand and Government Rajaji Hospital (GRH), through the Madurai District Municipal Corporation Act, the District Municipalities Act and the Tamil Nadu Highways Act, do not empower the authorities to grant any lease or license to shops on the road margins, the judge added.