Only Chennai Corpn empowered to regulate,maintain Marina Beach

Holding that no vendors or any association have any right, control or interest over the sands of the famous Marina beach here, the Madras High Court today made it clear that only the Corporation of Chennai is empowered to regulate and maintain it.
Justice B Rajendran stated this while dismissing an appeal by a handcart vendor that the Association of Vendors had evicted his cart and were hand in glove with police.
The judge said the vendor and the Association have no right, control or interest over the sands of Marina beach. It was for the Corporation of Chennai, as an instrumentality of the government, to regulate and maintain the area, particularly in the matter of hawking or vending to ensure the public enjoy its beauty and are not put to any inconvenience.

The matter relates to an appeal filed by the handcart vendor against a civil court order.
The petitioner contented he was carrying on business in a hand-pulled cart in Marina beach but was unlawfully prevented by the Association from doing so.
The Association said it was formed in 1983 with the aim of securing and protecting the welfare of around 472 small shop vendors doing business in the Beach and they collect a meagre amount as subscription fee.

They submitted their objection was to the vendor placing his cart in the middle of the pathway used by public and denied having removed it, as alleged by the petitioner.

The vendor first moved the lower court for an injunction, which was decreed, against which the Association filed a First appeal, which went in its favour.
The present appeal was against this.
Justice Rajendran in his order narrated several detailed orders passed by the High Court in a PIL filed for the removal of all shop vendors in the beach and the stand taken by the Corporation to protect the livelihood of vendors.
He directed the authorities to ensure no private party be allowed to take control of vendors carrying on trade on the Beach or be permitted to collect any fees, either individually or as an Association for permitting the vendors to carry on business thereof.

"This Court only hopes that the government will take necessary and appropriate action against those individuals who take law in to their own hands in future," the judge said and dismissed the second appeal.