01Facts
The petitioner operated a licensed stone-crushing business at Nallamur Village and sought police protection to transport its products over the Kolathur–Kottivakkam Road.
pp. 3–5 · ¶ 2–5Respondents 4–8, local residents, allegedly obstructed the petitioner’s vehicles, citing risks to schoolchildren and asserting that the petitioner used a shortcut across “Meikkal Poromboke.”
pp. 3–5 · ¶ 2–5They had also submitted an objection to the Revenue Divisional Officer.
pp. 3–5 · ¶ 2–5The Court impleaded them as respondents in the writ petition.
pp. 3–5 · ¶ 2–5The State submitted that heavy vehicles did not use the road during school hours and that the obstruction had prevented the petitioner from operating for 60 days.
p. 4 · ¶ 602Issues
i.Whether the petitioner was entitled to police protection against private parties obstructing its vehicles on the Kolathur–Kottivakkam public road.
pp. 5–7 · ¶ 8–13ii.Whether the Court could restrict the use of that public road by the petitioner’s heavy vehicles in the absence of an order under the Motor Vehicles Act, 1988.
pp. 6–7 · ¶ 10–1203Law Applied
The Court relied on Section 115 of the Motor Vehicles Act, 1988, under which the competent authority may restrict the use of a road or class of vehicles, and held that the Court could not usurp that authority’s jurisdiction by making an equivalent restriction without an applicable legal basis.
p. 6 · ¶ 11–12It also applied the principle that members of the public may use a road vested in the Government or a local body, and private persons cannot unlawfully prevent that use; grievances about heavy-vehicle traffic should be taken to the appropriate authority.
pp. 5–6 · ¶ 9–10Any alleged encroachment on “Meikkal Poromboke” was a matter for the Revenue Department, not a basis for private obstruction.
p. 5 · ¶ 9The Court distinguished *Gouri Dandasena Sarpanch, Mahulpali G.P. v. State of Odisha*, AIR 2018 Orissa 69, because that case concerned a restriction order made by the District Collector under Section 115, whereas no such order existed here.
p. 6 · ¶ 11Provisions in the judgment · 1 · Linked ones open on LawLens
Motor Vehicles Act, 1988 Section 115
04Reasoning
The petitioner’s business was supported by licences and permissions from the relevant departments, and the road in question was a public road rather than private property belonging to respondents 4–8.
p. 5 · ¶ 8–9The residents’ safety concern did not authorise them to obstruct the vehicles themselves; the Court noted the State’s submission that heavy vehicles did not ply during school hours.
p. 5 · ¶ 8If the residents sought restrictions on heavy vehicles, they had to apply to the competent authority under the Motor Vehicles Act.
pp. 5–7 · ¶ 9–12As no restriction order had been made, the Court found no basis for either private obstruction or a judicially imposed restriction under Section 115.
pp. 5–7 · ¶ 9–1205Holding
The Court ordered the Inspector of Police, Sithamur Police Station, to provide protection for the petitioner’s use of the public road, subject to payment by the petitioner of ₹4,000 per day.
p. 7 · ¶ 13The writ petition was ordered accordingly.
p. 7 · ¶ 14Original Court PDF
M/s. Om Shri Vari Stones LimitedvsThe State Rep by the Superintendent of Police
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