Seepage from RBI bridge to be fixed in 6 months

The submission made before a division bench comprising Justice S Manikumar and Justice Subramonium Prasad, said, “Phase-I would be from Parrys corner to War memorial side while Phase – II would be from War memorial to Parrys corner side), wherein, in each phase of the work half of the width of the road in the RUB will be barricaded and traffic allowed on the other half.”

Also, informing that each phase will require three months and hence six months will be required to complete the work, the Railways also suggested a traffic diversion plan wherein there will be no change in the route of vehicles travelling from War Memorial – Secretariat – towards Parry Corner and Royapuram while all vehicles plying from Royapuram Bridge – Parrys corner towards Kamarajar Salai will proceed straight from Parrys corner and take RBI subway service road – NFS road – RA Manram – Muthusamy point – Walajah point – War memorial to reach Kamarajar salai.

“If the above diversions are implemented, there may be initial slowdown of traffic and occurrence of traffic congestion in the diverted routes. Subsequently, if the motorists get acquainted with the diverted routes, the problems will subside. It can be managed by deploying additional strength of traffic police personnel, placing adequate sign boards, direction boards etc. The diversion plan also can be modified if any traffic issue arises,” the submission by the Railways said.

Recording the same and closing the petition, the bench led by Justice S Manikumar said, “Considering the larger interest of the commuters using the RBI subway, the Greater Chennai Traffic Police shall issue necessary permission from traffic point of view, for implementing the traffic diversion, to facilitate the Railway authorities to undertake the work of replacement of the shallow type steel girders with RCC boxes/slabs, to mitigate the problems faced by the commuters including thepetitioner.”

The bench in its order also held, “It is sincerely hoped that work would be commenced and completed within six months as stated.”

The issue pertains to a plea moved by advocate N S Sivakumar who claimed that two-wheeler riders, autorickshaws, and pedestrians are scared to cross the railway bride, as it gives a shower of urine and human excreta if they happen to cross it while a train is passing that bridge.

Right to clean environment is a fundamental right as per Article 21 of the Constitution and reiterated by the Supreme Court in series of judgments, the plea submitted while seeking to remedy the situation.

Incidentally, during the earlier hearing the Southern Railways had told the court that despite grant of tender in April last year to remedy the situation, the Chennai District Collector and Assistant Commissioner traffic are yet to respond to their request to close the particular stretch in the beach road.

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The Madras High Court has dismissed a plea moved by a registered club seeking to exempt it from the Tamil Nadu Value Added Tax Act (TNVAT) as there is no sale of any goods in the form of food, refreshments and drinks.

A division bench comprising Justice S Manikumar and Justice Subramonium Prasad while dismissing the plea moved by Chennimalai Nanbargal Manamakil Nala Sangam in Erode, said, “Mere apprehension of the petitioner does not persuade us to go into vires of the Section 2(15) (IX) and explanation of 1 of Section 2(33) (VI) of Tamil Nadu Value Added Tax Act, 2006, which stands repealed. This exercise at this juncture would be only academic in nature. If action is taken against the petitioner, it is open to them to take appropriate steps in accordance with law.”

The petitioner had submitted that the object of the club is to look after the welfare of the members by organising various indoor and outdoor games and providing refreshment to members. The club also provides liquor to its members and for this purpose, they had got a valid license from the Commissioner of Prohibition and ExciseDepartment.

Hence, the club does not fall within the definition of dealer under Section 2(15)(IX) of the TNVAT 2006, as there is no sale of goods in the form of food, refreshment and drinks by it to its members, the plea said.