The Madras High Court has directed the Tamil Nadu government to take effective action against footpath and road encroachments in Chennai after expressing strong dissatisfaction with the authorities’ failure to implement earlier orders aimed at protecting pedestrians.
The direction concerns encroachments in the Ellaiamman Colony area of Teynampet and on Scheme Road, where petitioner Saju Alex sought the removal of obstructions and action against unauthorised vehicle repair activities. A division bench comprising Justices S M Subramaniam and R Rajesh Vivekanathan heard the matter and said the response submitted by officials was not satisfactory.
The court noted that encroachments on footpaths and roads obstruct and endanger pedestrians and motorists. It said directions had already been issued on April 28 and October 5 to remove the encroachments and ensure that pedestrians could walk safely. However, the bench found that the authorities had not taken effective action.
The judges also criticised what they described as administrative indifference towards the rights and grievances of pedestrians, road users and motorists. The court observed that pedestrians are given greater importance and their safety is protected in many countries, while such safeguards are not adequately ensured in India, according to the report.
The bench said courts had repeatedly issued directions for decades to protect citizens’ fundamental rights under Article 21 of the Constitution, and expressed concern that courts were becoming exhausted by having to issue continuing orders on the same issues. It said the time had come to ensure that officials respected and acted on the fundamental rights emphasised by the judiciary.
The order requires the Tamil Nadu Chief Secretary, Home Secretary, Director General of Police and Greater Chennai Corporation Commissioner, among others, to take all necessary steps in accordance with the law to remove the encroachments. The directions cover both the specific locations mentioned in the petition and the broader obligation to protect pedestrian and road-user rights.
The case places responsibility for implementation across the state administration, police and city corporation rather than on a single enforcement agency. The authorities have been directed to file a report detailing the action taken by December 10. That report is expected to establish whether the encroachments were removed and whether measures were taken to prevent the unauthorised use of pedestrian and road space.
