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HON’BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON’BLE MR.JUSTICE K. SURENDER WP No. 7504 of 2026 Saju Alex ..Petitioner(s) Vs 1. The Zonal Officer Greater Chennai corporation, Zone 9 (Teynampet), No 40, KB Dasan Road, Teynampet, Chennai 18 2. The Deputy Commissioner of Police – Traffic (south) Joint Commissioner office campus, Police Office Road, St. Thomas Mount, Chennai 16 3. The Assistant Commissioner of Police E-3 Teynampet Police station, No. 494 Anna Salai, Teynampet

by Sekar Reporter · April 29, 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28-04-2026
CORAM
THE HON’BLE MR JUSTICE S. M. SUBRAMANIAM
AND
THE HON’BLE MR.JUSTICE K. SURENDER
WP No. 7504 of 2026
Saju Alex
..Petitioner(s)
Vs
1. The Zonal Officer
Greater Chennai corporation,
Zone 9 (Teynampet),
No 40, KB Dasan Road, Teynampet,
Chennai 18

2. The Deputy Commissioner of Police – Traffic (south)
Joint Commissioner office campus,
Police Office Road, St. Thomas Mount,
Chennai 16

3. The Assistant Commissioner of Police
E-3 Teynampet Police station,
No. 494 Anna Salai, Teynampet,
Chennai 18

4. Ramesh
Automobile Mechanic,
2nd Cross Street, Ellaimman Colony,
Teynampet, Chennai 18

5. The Chief Secretary To Government Of Tamil Nadu,
Fort St. George, Chennai – 9.

6. The Principal Secretary To Government,
Home Department, Fort St. George, Chennai.

(R5 & R6 Suo Motu Impleaded Vide Order Dated 25.02.2026)
..Respondent(s)

Writ Petition filed under Article 226 of the Constitution of India issuing writ of mandamus directing the 1st to 3rd respondents to take appropriate actions in accordance with law to remove the encroachments and stop the illegal parking of vehicles and carrying out of unauthorised automobile repair works by the 4th respondent and his men on the scheme road, Ellaimman Colony, Teynampet, Chennai 18 wherein the petitioners residential building is facing and entrance is situated.
For Petitioner(s): Mr.V.B.R Menon

For Respondent(s): Mr.D.B.R.Prabhu
Standing Counsel for R1
Mr.M.Babumuthumeeran
Additional Public Prosecutor for R2 & 3
R4 Not ready in notice
Mr.P.Kumaresan
Additional Advocate General
asst by
Mr.U.M.Ravichandran
Special Government Pleader for R5&6

ORDER
(Order of the Court was made by S.M.Subramaniam J.)
Learned counsel for the petitioner would submit that even during pendency of the present writ petition, once again the encroacher has encroached upon the public pathway and caused obstruction. In support, he filed an affidavit along with the photographs, which was taken on 21.04.2026.

2. Respondent/Encroacher is repeatedly committing the offence of encroachment, despite the fact that authorities have removed the encroachment on more than two occasions. In such circumstances, police authorities are bound to register a criminal case against such habitual encroachers and initiate all appropriate further action.

3. Regarding illegal parking menace in Chennai city and urban areas, learned Additional Advocate General would submit that vehicles illegally parked are being towed and fine is imposed. However, it is brought to the notice of this Court that actions are not only insufficient but also invisible in public domain. When the said actions are invisible in public domain, violators will commit offence repeatedly by causing obstructions to the road users and free flow of traffic in city and urban areas. Therefore, it is just and necessary that Chennai, Metropolitan Development Authority and Police Department have to work in tandem, so as to ensure that road encroachments are removed systematically in a time bound manner, and illegally parked vehicles are towed immediately.

4. In the event of failure, competent authorities of Corporation, CMDA, police authorities must be held responsible and accountable, and jurisdictional officials are answerable for all such obstructions caused to the public. These authorities are bound to ensure free flow of traffic and prevent illegal parking of vehicles in main roads by simultaneously removing the encroachments in footpath and road/streets.

5. In view of the above, following directions are issued,
(i) Police Department shall acquire adequate number of towing vehicles and ensure such vehicles are placed in strategical locations, and illegally parked vehicles are towed immediately so as to ensure free flow of traffic on roads/streets etc. The said system shall be enforced within a period of one month from today.
(ii) CMDA and Chennai Corporation along with the police authorities are directed to assess the footpath and road/street encroachments across Chennai city, and ensure that all such encroachments are removed in a systematic manner by following the procedures as contemplated under law. The said exercise is directed to be completed within a period of six months. After removal of encroachments, jurisdictional officials from Corporation, CMDA and police department shall monitor and ensure no encroachments thereafter is made. Officials must be vigilant in protecting the roads as well as the foot paths for the benefit of road users and pedestrians using the footpath.
(iii) Providing unobstructed footpaths/roads are the Constitutional mandate on the part of the State, and any obstruction caused would affect the road users and pedestrians using footpaths. Thus, any inaction or failure on the apart of these authorities should be viewed seriously, as it would result in infringement of basic rights of the people to have free public roads and footpaths to lead their life in a peaceful manner.
(iv) Hawkers and vendors, who have encroached upon public road and footpaths must be replaced by providing an alternate place in a vending zone through the committee constituted under the provisions of the Act. After evicting those encroachers, authorities should ensure that no further encroachment is permitted in such places and those places are to be protected, if necessary, by putting necessary barricades or any other mode of prevention under law.
(v) Compliance of the above directions shall be made by the authorities, who all are assigned by the Commissioner, Chennai Corporation, Member Secretary, CMDA, Commissioner of Police, Chennai and Assistant Commissioner, (Traffic), and an initial action taken report is directed to be filed before this Court on 16.06.2026.
(vi) All necessary actions must be initiated in coordination with all connected departments, so as to ensure compliance of the directions issued by this Court.

6. Post the matter on 16.06.2026 for filing initial compliance report.

(S.M.S.,J.) (K.S.,J.)
28-04-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No

GD
Note: Issue order copy on 29.04.2026.

To
1. The Zonal Officer
Greater Chennai corporation,
Zone 9 (Teynampet),
No 40, KB Dasan Road, Teynampet,
Chennai 18
2. The Deputy Commissioner of Police – Traffic (south)
Joint Commissioner office campus,
Police Office Road, St. Thomas Mount,
Chennai 16

3. The Assistant Commissioner of Police
E-3 Teynampet Police station,
No. 494 Anna Salai, Teynampet,
Chennai 18

4. Ramesh
Automobile Mechanic,
2nd Cross Street, Ellaimman Colony,
Teynampet, Chennai 18

5. The Chief Secretary To Government Of Tamil Nadu,
Fort St. George, Chennai – 9.

6. The Principal Secretary To Government,
Home Department, Fort St. George, Chennai.

S.M.SUBRAMANIAM, J.
AND
K.SURENDER, J.

WP No. 7504 of 2026

28-04-2026