The First Bench Comprising Chief Justice Sanjay Kishan Kaul and Justice M Sathyanarayanan made the observation on a contempt petition filed by Villupuram Chamber of Commerce against K S Narendran Nayar, SP, yesterday after he filed an affidavit stating despite repeated arrests and registering cases against the vendors, they continued encroachments and put up their shops in pushing carts when police is not there.
The matter relates to a PIL filed by the Chamber of Commerce to remove the encroachments in public roads in 2013.
On August 20, 2014 the High Court passed an order directing the authorities that the roads must be kept encroachment free and if re-encroachment is permitted it will take contempt action.
The Chamber filed a contempt petition stating there was some removal of encroachments for a few days as per the High Court byt it continued.
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After going through the affidavit filed by the SP, the court said "the affidavit filed almost expresses his helplessness to maintain the site as required. We put the learned Additional Advocate General P H Arvind Pandian that in eventuality we will have to opine that the officer is incapable of implementing the order of this Court and recommend to the Government to transfer to a non-field posting."
The AAG submitted that such an occasion would not arise and it will be ensured that the area is kept absolutely cleared by deputing requisite police force.