: Madras High Court today directed Commissioner of Police,Greater Chennai and Chennai Corporation to work jointly on availability of area for parking facilities before issuing licenses to restaurants and eateries and commercial establishments and to file a comprehensive report.
The First Bench, comprising Chief Justice Sanjay Kishan Kaul and Justice M M Sundresh, which passed interim order on a PIL,seeking a direction to authorities to close down all such restaurants and eateries till they comply with rules of Multi Storied and Public Buildings and Madras City Police Act,in its order expressed dissatisfaction with the counter affidavit filed on behalf of the Joint Commissioner of Police, Traffic, Chennai to dismiss the PIL.
"We must express our complete dissatisfaction with the counter affidavit filed on behalf of police, which neither places the picture at the ground level nor suggests any solution, other than the most convenient one as dismiss the writ Petition."
The Bench had earlier directed the Commissioner of Police (Traffic) and Deputy Commissioner of the Corporation to appear before it today in connection with a PIL.
As per the above direction today an affidavit was filed by JCP (Traffic),saying that after 2007 licenses to run eating houses, hotels and lodges are given by Municipal Corporation.
The Deputy Commissioner of Corporation said the licensing authority actually does not verify the position of the requirement of parking. Which would arise as a consequence of the license being issued.
After perusing the counter and submission of the Deputy Commissioner of Corporation, the bench said it would like to emphasize that any commercial establishment would entail people coming there and thus, the requirement of suitable parking facilities was necessary.
In case of restaurants and eateries the period of stay is linger and thus vehicles would also remain parked for a longer period. "We are thus of the view that before issuing such licenses, availability of area for parking facilities must be obtained from the Police authorities."
It then directed both the Police and Corporation authorities to survey the area, find out the traffic flow and the requirement of parking, after verifying the footfalls in the restaurants and other commercial establishments and work out as to where these vehicles could be parked.
The bench while saying that such an exercise should be done normally all over the city,directed that a comprehensive Joint report be placed before it in eight weeks with a plan of the area and photos with appropriate suggestions and action which the authorities would take to rectify the position.
It also made it clear the endeavor was not to shut down the restaurants but only to find a working solution at ground level.
The petitioner filed the PIL for a direction to close down all the eating houses located in crowded and narrow roads without parking facilities and will endanger lives of the people.
