Fishermen Cannot Claim Traditional Rights Without Statutory Backing: Madras High Court On Marina Loop Road Encroachment
While hearing a suo moto public interest litigation related to the traffic chaos caused on the Loop Road by fish stalls, the Madras High Court said that the fishermen, who had put up stalls on both sides of the roads, cannot not claim a traditional right over the roads without any statutory backing.The division bench of Justice SS Sundar and Justice PB Balaji had last week ordered removal of...
While hearing a suo moto public interest litigation related to the traffic chaos caused on the Loop Road by fish stalls, the Madras High Court said that the fishermen, who had put up stalls on both sides of the roads, cannot not claim a traditional right over the roads without any statutory backing.
The division bench of Justice SS Sundar and Justice PB Balaji had last week ordered removal of all fish stalls encroaching both the sides of the road within a week. The court had also directed the Chennai Corporation to find out if the fish stalls running along with pavements and selling fish meals and other dishes had proper licenses.
This had, however, led to large protests by the fishermen demanding that they be allowed to continue their shops.
When the matter was taken up yesterday, the court took a serious view of these protests and warned the fisherman families against blocking of the road.
"We strongly condemn everyone who feel that they can show their strength to the court. People must know that they cannot take law into their hands. We cannot tolerate this kind of behaviour," the court said.
The court added that some persons with vested interests were trying to mislead the fishermen, making them believe that they had a right to encroach public roads. The court added that some of the illegal eateries were preparing food in unhygienic conditions.
"We will sponsor your dinner today. You go there and see how the sea food is being cooked unhygienically right on the pavement. The dining area is also on the pavement and yet food is sold at high prices," the court told the counsel representing the fishermen.
Additional Advocate General J Ravindran informed the court that Greater Chennai Corporation is attempting a peaceful relocation rather than a forceful eviction and assured the court that its orders have been implemented. He added that the illegal eateries have been issued notices and would remain closed.
After hearing all the parties, the court decided to pass interim orders on Wednesday but assured that it would hear all the stakeholders including the fishermen before passing any final orders.
Case Title: Suo Moto v. State of Tamil Nadu and others
Case No: WP 11064 of 2023