Frame rules to grant licences for shops on road margins: HC

MADURAI: Margins of the road and streets are meant for the common use for the pedestrians, but some officers give permissions to put up shops on these margins, leaving the general public to walk on the roads, which causes inconvenience to the pedestrians as well as commuters and lead to tragic accidents, the Madras high court observed on Thursday.
Justice B Pugalendhi observed that the difficulties faced by the common man on account of these roadside shops can be witnessed all over the state.
“Even in a city like Madurai such pathways are occupied by shops on the road margins. Under the smart city project, the shopping complex at Periyar bus stand was demolished and the shops were provided with alternative places near omni bus stand and at various other busy places in the city as an interim arrangement. However, even after the construction of the new shopping complex at Periyar bus stand was completed, some shops are still allowed to function in the alternative places. This is the tip of the iceberg which indicates how the officials are misusing their powers to grant licence on these road margins in violation of the prevailing Acts and Rules without considering the nuisance caused to the public,” observed the judge.
The court made these observations this while directing the secretaries of state highways department and the municipal administration and water supply department to frame guidelines for granting such licences on road margins in lines with the Tamil Nadu Highways Act and the Tamil Nadu District Municipalities Act.
Justice B Pugalendhi directed secretaries to constitute a committee to identify the number of shops for which licences are granted on road margins across the state and ensure the strict compliance of the relevant Acts and Rules and also ensure the convenience of the common public is not affected. The departments shall also ensure that the pathways/sidewalks on the margin of roads/streets are not occupied or encroached for any other purpose.
The judge observed that the difficulties faced by the common man on account of these road side shops can be witnessed all over the state.
The court passed the order while hearing a petition filed by Chinnamasanam seeking to restore his shop to sell Aavin products which was evicted from the road margin in front of the taluk office at Sattur in Virudhunagar district.
The state highways department submitted that the general manager of Aavin recognised the petitioner as an agent and had requested the highways department to grant permission. When the application was at the stage of request, the petitioner had established the shop. So, the authorities had rightly evicted the shop.
Justice Pugalendhi rejected the relief sought by the petitioner holding that he does not have any right or authority to establish a shop on a road margin of a highway without getting any prior permission. It is open to the petitioner to claim damages in accordance with law for the loss suffered by him on account of permission granted by the Aavin general manager.