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‘Police can remove intrusions without notice’

The Madras High Court has held that the police can clear any structure on the pavement or footpaths posing a hindrance to the travelling public, without providing any intimation.

‘Police can remove intrusions without notice’
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Madras High Court

Chennai

Dismissing a plea seeking a direction to the Commissioner of Police and Commissioner, Avadi Municipality, to restrain them from dismantling an auto stand behind Avadi bus stand, the first bench comprising Chief Justice Indira Banerjee and Justice M Sundar clarified that the police reserved the right to remove the auto stand, without any prior intimation. 

It held, “The petitioner cannot possibly have any right to put up structures on pavements/foot paths and that too without any permission whatsoever. The writ petition is entirely misconceived and the same is dismissed.” The petitioner D Gandhiraj had contended that the hut was put at HVT Road near Anna statue after obtaining due permission from the government. He also submitted that a memo dated December 31, 2010 through which he was granted permission. 

However, the Bench on going through the memo said, “A perusal of the said memorandum reveals that the petitioner was only granted permission to park five autos on the condition that the vehicles can be parked on rotation basis; should be parked without any hindrance to the public as well as traffic and in case of any hindrance caused to the public and traffic on account of it, the auto stand would be removed without any prior intimation.” 

The bench in its order while referring to the memo said, “First of all there was no permission to construct any structure hut or otherwise on the pavement/footpath and in any case, the Commissioner of Police, Chennai, reserved the right to remove the auto stand without any prior intimation in case of any hindrance to the general public or traffic.

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