2024 (9) TMI 916 - HC - Indian Laws

Seeking forbearance on respondents 1 to 5 from permitting installation of huge amusement rides by the respondents 11 and 12 or any other persons by damaging the river bed of Vaigai River at Paramakudi by installing huge amusement rides of 48 in number - HELD THAT - On perusing the reason that has been given by the Public Works Department in the rejection order dated 26.02.2024, it is appealing, because even for drinking water purpose, if water is released from Vaigai dam to Ramanathapuram District, there is a likelihood of flood of water in the Vaigai River. Therefore, if in the River, these kind of amusement activities are taken place by erecting these amusement equipments of nearly about 50 or more, as another person seems to have obtained similar order today from the Writ Court in danger, where it may be for drinking water purpose or even there may be a flash flood due to heavy rain, suddenly if it is taken place, which will be endanger to the public, who participate in the festival by using these amusement equipments. Since the festival is going to be commenced by 20.04.2024, immediate action shall be taken by the respondents, for which, full co-operation shall be given by the private respondents, who want to establish such amusements rides. The afore said arrangement shall be made, as early as possible, preferably, before 22.04.2024. Petition disposed off.

Summary

Issues:
Prayer to restrain respondents from installing amusement rides without necessary certificates and insurance, Public Works Department's rejection of permission for amusement rides, Court's consideration of earlier order in similar circumstances, Public Works Department's acceptance of Court's order, Questioning Public Works Department's decision, Concerns over safety and potential hazards, Lack of consideration for public safety, Public Works Department's stance on granting permission, Proposal for alternative sites for amusement rides, Directions for immediate action by respondents.

Analysis:
The Writ Petition sought to prevent respondents 1 to 5 from allowing the installation of amusement rides without the required stability certificate, insurance, and payment of GST tax. The petition also aimed to stop the 10th respondent from permitting activities inside the Vaigai River bed during the Chithirai Festival. The respondents 11 and 12 had requested permission to install amusement rides in the river for the upcoming temple festival. The Public Works Department had initially rejected this request citing concerns over potential flooding and public safety.

The Court noted that a similar request had been granted in the past, leading to the Public Works Department eventually accepting the Court's decision and allowing the installation of amusement rides. However, the Public Works Department's decision was challenged through this Writ Petition, emphasizing public interest and safety. The Court highlighted the importance of considering public safety, especially in the event of potential flash floods or emergencies, due to the presence of numerous amusement rides in the river.

The Public Works Department's justification for granting permission was questioned, with the Additional Government Pleader acknowledging the lack of favorability towards granting such permissions in the river bed. It was suggested that alternative sites be considered for the installation of amusement rides to ensure public safety and prevent potential hazards. The petitioner proposed four alternative locations for the rides, urging immediate action by the respondents to find suitable sites before the festival's commencement.

In conclusion, the Court directed the respondents to identify alternative sites for the amusement rides and take necessary actions promptly, preferably before a specified date. The Writ Petition was disposed of with no costs, emphasizing the importance of public safety and the need for cooperation to ensure a safe and enjoyable festival environment.