Madrasdated High Court · 2025

W.P.Nos.31479 of 2023 & 34560 of 2024Door No 15-551-9, Srinivasa Nagar Colony, Bypass Road, Andra Pradesh, Machilipatnam - 521001.4.The Chief Secretary,Government of Puducherry, Chief Secretariat, Puducherry -605 001.5.The Circle Inspector,'O' Circle, Yanam, Office of the Circle Inspector, Yanam Police Station, Yanam -533464.RespondentsPRAYER in WP No. 31479 of 2023: Petition filed under Article 226 of the Constitution of India, seeking issuance of a writ of mandamus, directing the Respondents herein to remove the unauthorised and illegal paintings and other drawings along the public Road Margins and Highways by the political Parties and others especially in the Highway margins and ensure that the Road signages / signs are visible for the drivers throughout the State of Tamil Nadu, Considering the Petitioner's Representations dated 12.07.2023, 04.09.2023 and 11.10.2023 at the earliest.PRAYER in WP No. 34560 of 2024: Petition filed under Article 226 of the Constitution of India, seeking issuance of a writ of mandamus, directing a) the 2nd and 3rd respondents herein to take coercive action against those individuals involved in the act of Vandalism and destruction of public property by illegally creating unauthorised ______________Page 3 of 18 https://www.mhc.tn.gov.in/judis W.P.Nos.31479 of 2023 & 34560 of 2024access directly between the Service Road and the main Carriage way of the Stretch of National Highway 216 Cutting across the Union Territory of Yanam and also take necessary step to ensure that no such further illegal transgressions take place in the said stretch of National Highway 216 cutting across the Union Territory of Yanam;b) the 2nd and 3rd Respondents herein to erect Iron Barricade at the centre Median of the main Carriageway pertaining to the stretch of National Highway 216 cutting across the Union Territory of Yanam the basis of the Official correspondence issued by the 5th Respondent dated 24/09/2022; andc) the 2nd and 3rd Respondents to take necessary steps to reconstruct the dividers on both side of the stretch of National Highway 216 cutting across the Union Territory of Yanam on the basis of the directions issued under Serial No.07 in the Clarification Circular issued on 21/08/2023 with respect to paragraph 2.8 of the Circular No.RW-NH-33032/01/2017-S&R(R) issued by the 1st Respondent dated 20/06/2020 and the representation dated 10/09/2024 issued in this regard by the petitioner.WP No. 31479 of 2023For Petitioner:Ms.Karthikaa AshokFor Respondents:M/s. S.R. Sumathy Standing Counsel For R2 And R3 Mr.A.Edwin Prabakar ______________Page 4 of 18 https://www.mhc.tn.gov.in/judis W.P.Nos.31479 of 2023 & 34560 of 2024State Government Pleader Assisted By Mr.K.Karthik Jagannath Government Advocate For R4 And R5 R1-no AppearanceWP No. 34560 of 2024For Petitioner:M/s.S.Rishab NarayananFor Respondents:M/s. R.Rajesh Vivekananthan Deputy Solicitor General of India For R1 Mr. Su. Srinivasan Senior Panel Counsel for NHAIFor R2 and R3 M/s.V.Vasantha Kumar Additional Government Pleader ( Pondy) For R4 and R5COMMON ORDER(Order of the Court was made by Sunder Mohan J.)The petitioner in WP No.31479 of 2023 has sought for the following relief:“for issuance of a writ of mandamus, directing the Respondents herein to remove the unauthorised and illegal paintings and other drawings along the public Road Margins and Highways by the political Parties and others especially in the Highway margins and ensure that the Road signages / signs are visible for the drivers throughout the State of Tamil Nadu, ______________Page 5 of 18 https://www.mhc.tn.gov.in/judis W.P.Nos.31479 of 2023 & 34560 of 2024Considering the Petitioner's Representations dated 12.07.2023, 04.09.2023 and 11.10.2023 at the earliest.”2. The petitioner in WP No.34560 of 2024 has sought for the following reliefs:“for issuance of a writ of mandamus, directing a) the 2nd and 3rd respondents herein to take coercive action against those individuals involved in the act of Vandalism and destruction of public property by illegally creating unauthorised access directly between the Service Road and the main Carriage way of the Stretch of National Highway 216 Cutting across the Union Territory of Yanam and also take necessary step to ensure that no such further illegal transgressions take place in the said stretch of National Highway 216 cutting across the Union Territory of Yanam;b) the 2nd and 3rd Respondents herein to erect Iron Barricade at the centre Median of the main Carriageway pertaining to the stretch of National Highway 216 cutting across the Union Territory of Yanam the basis of the Official correspondence issued by the 5th Respondent dated 24/09/2022; andc) the 2nd and 3rd Respondents to take necessary steps to reconstruct the dividers on both side of the stretch of National Highway 216 cutting across the Union Territory of Yanam on the basis of the directions issued under Serial No.07 in the Clarification Circular issued on 21/08/2023 with respect to paragraph 2.8 of the Circular No.RW-NH-33032/01/2017-S&R(R) issued by the 1st Respondent dated 20/06/2020 and the representation dated ______________Page 6 of 18 https://www.mhc.tn.gov.in/judis W.P.Nos.31479 of 2023 & 34560 of 202410/09/2024 issued in this regard by the petitioner.”WP No.31479 of 2023:3. The petitioner, a resident of Chennai and said to be engaged in the business of car rental service, has preferred the captioned writ petition. According to the petitioner, he is a frequent traveller on the Highways in the State of Tamil Nadu and had noticed defacement of road safety signs and reflectors by political parties and individuals, which has led to many accidents. He had also averred in his petition that a young girl died since a banner on the bridge fell on her. He seeks removal of unauthorised and illegal paintings and drawings along the public road margin and highways by individuals and political parties. 4. The 4th respondent had filed several status reports from January 2024 and the last of the said status reports was filed on 29.04.2025 stating that the Highways Department are taking prompt actions whenever unauthorised advertisements / graffiti are brought to their notice. They would also state that the Revenue Department and the Police Department are empowered to take action under the Tamil Nadu Open Place (Prevention of ______________Page 7 of 18 https://www.mhc.tn.gov.in/judis W.P.Nos.31479 of 2023 & 34560 of 2024Disfigurement) Act, 1959 (amended in 1986) [hereinafter referred to as 'the Act'] against the perpetrators for such illegal advertisements / graffiti / hoardings within the ROW (Right of Way) of Highways.5. The 2nd respondent had also filed two status reports listing out the action taken by the 2nd respondent on the specific complaints received by them and also mentioning the details of the mechanism devised by them for dealing with such complaints. They had also stated that there is a mobile App through which the complaints relating to highways can be addressed and the stage of the complaint could also be tracked in the app.6. The learned counsel for the petitioner submitted that the advertisements/hoardings/graffiti are in violation of the Act and the authorities are bound to take action / prosecute the offenders in terms of the Act. She further submitted that the authorities are bound to remove such advertisements/hoardings/graffiti on receipt ______________Page 8 of 18 https://www.mhc.tn.gov.in/judis W.P.Nos.31479 of 2023 & 34560 of 2024of complaints against such violations. She had also filed photographs to show that there are many such violations.7. The learned counsels for respondents 2 and 3 submitted that the National Highways had launched a Toll Free helpline Number '1033' to deal with complaints relating to road conditions, potholes, street lights, toll charges related issues, etc., and a mobile App i.e., 'Rajmarg Yatra' as stated in their counter had been launched to deal with the complaints.8. The learned Government Pleader reiterated the averments made in the status reports and in the counter affidavit and submitted that a mechanism has been devised by the State Government and the State Highways Department to deal with such complaints and such complaints are being attended to immediately.9. The prayer in the writ petition, as stated earlier, is for a direction to the respondents to remove the unauthorised and illegal paintings / drawings along the public Road Margins and Highways.______________Page 9 of 18 https://www.mhc.tn.gov.in/judis W.P.Nos.31479 of 2023 & 34560 of 202410. From the submissions of the learned counsels appearing for the respondents, it would be clear that the National Highways Authority of India [NHAI] and the State Highways department have devised separate mechanisms to deal with the complaints of such nature, which are now made by the petitioner.11. As stated earlier, respondents 2 and 3 have launched a Toll Free Helpline No.1033 to deal with such complaint besides launching a Web Application by the name 'Rajmarg Yatra Mobile App'.12. Similarly, the 4th respondent had also launched a mobile application by the name of 'Namma Salai', where the public can report about the poor maintenance of roads and other issues along with photographs in support of their complaint. The 4th respondent in their status report had stated that through the said App, they had received 6036 complaints, out of which they had resolved 1238 ______________Page 10 of 18 https://www.mhc.tn.gov.in/judis W.P.Nos.31479 of 2023 & 34560 of 2024complaints, rejected 4524 complaints and 274 complaints are pending since they involved time taking task.13. In the status report dated 29.02.2024, the 4th respondent had also stated that whenever complaints were addressed to the Chief Minister through the Chief Minister Helpline Portal, and if they related to complaints/issues of this kind, the same had been transmitted to the Highways department and they had also given the details of complaints so received and forwarded to the Highways department.14. Thus, in view of the fact that there are mechanisms devised by both the NHAI and State Highways department to deal with such complaints, we do not see any reason to pass orders as prayed for by the petitioner. However, it is open to the petitioner or any person who is aggrieved by any particular instance of violation to complain about the said violation in the manner aforesaid.______________Page 11 of 18 https://www.mhc.tn.gov.in/judis W.P.Nos.31479 of 2023 & 34560 of 202415. With the above observation, WP No.31479 of 2023 stands disposed of.16. It is seen that this Court had earlier directed the petitioner to deposit Rs.1,00,000/- [Rupees One Lakh only] as security in case cost is imposed. We are of the view that this petition does not suffer from lack of bona fides. The petitioner has certainly raised a genuine issue. Therefore, the amount deposited by the petitioner shall be refunded to him by the Registry forthwith.WP.No.34560 of 202417. As regards the prayers in WP No.34560 of 2024, we find that the grievance raised by the petitioner also can be addressed by the respondents through their mobile Apps and Toll Free Helpline number launched by them. 18. The 3rd respondent has filed a counter, the relevant portion of which reads as follows:______________Page 12 of 18 https://www.mhc.tn.gov.in/judis W.P.Nos.31479 of 2023 & 34560 of 2024“3... Furthermore, it has been noticed that some establishments have unlawfully dismantled the dividers between the main carriageway and parking lane to obtain direct access from the main carriageway rather than using designated entry points. Notices were issued in February, May, August and November 2024, specifying deadlines for the removal of encroachments and the restoration of dividers. The process of reconstructing dividers at identified locations has commenced with support from local law enforcement authorities. As of date, the dividers have been restored at one out of three locations, with the remaining divider expected to be reinstated within 30 days.”19. It could be further seen that the respondents have already initiated action and if the respondents have not so far constructed the dividers, they shall forthwith take action to construct the dividers in the stretch of NH-216 cutting across the Union Territory of Yanam and in any case, within a period of four weeks from the date of receipt of a copy of this order.20. The petitioner or any other person aggrieved by such violations in the future may approach the authorities concerned by way of filing complaints through the Toll Free Helpline number or through the mobile/web Apps launched. If there is an undue delay ______________Page 13 of 18 https://www.mhc.tn.gov.in/judis W.P.Nos.31479 of 2023 & 34560 of 2024in resolving their complaints, it is needless to say that they can seek appropriate remedy under law.21. Before we part with these cases, we may add that we are conscious of the fact that some of the violations are deliberately done and some violations are due to lack of awareness and ignorance of law.22. Ignorance of law is certainly not an excuse. However, it is the duty of the State also to educate the general public about the seriousness of such violations and the adverse impact they can have on the road users, including causing major accidents. Therefore, the Tamil Nadu State Legal Services Authority and District Legal Services Authorities may consider conducting camps in villages/schools/colleges and other places, as may be necessary, to create awareness among the general public about the importance of observance of road safety rules and the nature of serious consequences that would follow in case of any violations.______________Page 14 of 18 https://www.mhc.tn.gov.in/judis W.P.Nos.31479 of 2023 & 34560 of 202423. Both the Writ Petitions are disposed of accordingly. There shall be no order as to costs.(MANINDRA MOHAN SHRIVASTAVA, C.J.)(SUNDER MOHAN J.) 12-08-2025 Index:Yes/NoSpeaking/Non-speaking orderInternet:YesNeutral Citation:Yes/Noars______________Page 15 of 18 https://www.mhc.tn.gov.in/judis W.P.Nos.31479 of 2023 & 34560 of 2024To1. The Secretary, Union Of India,Ministry of Road Transport and Highways, Transport Bhawan, No.1, Parliament Street, New Delhi- 110 001.2.National Highways Authority Of IndiaG5 And 6 Sector -10, Dwarka, New Delhi- 110 075.3.The Regional OfficerNational Highways Authority of India, No.DP 34, Sri Towers, South Phase, 3rd Floor, Guindy, Chennai- 600 032.4.The Additional Chief Secretary to Government, State Of Tamil NaduHighways and Minor Ports Department, Fort St. George, Chennai- 600 009.5.The Director General Of PoliceDr.Radhakrishnan Salai, Mylapore, Chennai- 600 004.______________Page 16 of 18 https://www.mhc.tn.gov.in/judis W.P.Nos.31479 of 2023 & 34560 of 20246. The SecretaryGovernment Of India, Ministry Of Road Transport And Highways (O and M) Section,Transport Bhavan, 1, Parliament Street, New Delhi -110001.7.The Regional Officer,National Highways Authority of India, Door No. 41-29-45A, R.S. No. 373/2A, Near Kodandaramalayam, Chalasani Nagar, Ranigarithota, Krishnalanka, Vijayawada -520013.8. The Project Director,Ministry of Road Transport and Highways, Project Implementation Unit, Door No 15-551-9, Srinivasa Nagar Colony, Bypass Road, Andra Pradesh, Machilipatnam - 521001.9. The Chief Secretary,Government of Puducherry, Chief Secretariat, Puducherry -605 001.10. The Circle Inspector,'O' Circle, Yanam, Office of the Circle Inspector, Yanam Police Station, Yanam -533 464.______________Page 17 of 18 https://www.mhc.tn.gov.in/judis W.P.Nos.31479 of 2023 & 34560 of 2024THE HON'BLE CHIEF JUSTICE ANDSUNDER MOHAN,J.arsWP Nos.31479 of 2023 & 34560 of 2024 12.08.2025______________Page 18 of 18