Madras high court dismisses plea to ban political, religious events on Madurai road
MADURAI: Dismissing a plea seeking a direction to the authorities to ensure proper maintenance and to prohibit conduct of political rallies, religious congregations and other events near the toll plaza on Kappalur-Uthangudi Ring Road in Madurai district, Madras high court on Monday observed that the authorities shall take all effective steps to ensure that toll plazas are maintained hassle-free.
The court was hearing a public interest litigation filed by A R Jeyarhuthran of Tirunelveli district. The petitioner stated that in recent times, various political parties have been conducting state and district-level conferences in the venues abutting the ring road. These events have resulted in severe traffic congestion, causing immense hardship to the public. Commuters are subjected to inordinate delays, thereby defeating the very object for which toll was collected to ensure smooth, uninterrupted and hassle-free travel.
Hence, the petitioner moved court seeking a direction to the authorities to ensure proper maintenance of the Kappalur-Uthangudi ring road and to prohibit the conduct of political rallies, religious congregations, processions, cultural events, as well as construction of marriage halls, community halls, commercial complexes, malls or any other similar establishments.
The petitioner also sought a direction to the authorities to ensure that no arbitrary exemption is granted to political convoys or private individuals, except those expressly exempted under law.
A division bench of Chief Justice Sushrut Arvind Dharmadhikari and justice N Sathish Kumar observed that the petitioner has not pointed out any specific violation in the affidavit, barring a general allegation that political convoys and/or private individuals are being granted exemption. The prayer sought in the petition is not supported by pleadings. This court, as held by the Supreme Court, cannot go beyond the pleadings and has to restrict its findings only based on the pleadings and evidence produced before it.
Hence, the judges dismissed the petition. However, the judges made it clear that the authorities shall take all effective steps to ensure that the toll plazas are maintained hassle-free and no exemption is granted to any individual or political party in violation of the law governing the subject.
Hence, the petitioner moved court seeking a direction to the authorities to ensure proper maintenance of the Kappalur-Uthangudi ring road and to prohibit the conduct of political rallies, religious congregations, processions, cultural events, as well as construction of marriage halls, community halls, commercial complexes, malls or any other similar establishments.
The petitioner also sought a direction to the authorities to ensure that no arbitrary exemption is granted to political convoys or private individuals, except those expressly exempted under law.
A division bench of Chief Justice Sushrut Arvind Dharmadhikari and justice N Sathish Kumar observed that the petitioner has not pointed out any specific violation in the affidavit, barring a general allegation that political convoys and/or private individuals are being granted exemption. The prayer sought in the petition is not supported by pleadings. This court, as held by the Supreme Court, cannot go beyond the pleadings and has to restrict its findings only based on the pleadings and evidence produced before it.
Hence, the judges dismissed the petition. However, the judges made it clear that the authorities shall take all effective steps to ensure that the toll plazas are maintained hassle-free and no exemption is granted to any individual or political party in violation of the law governing the subject.
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