M/S.Oasis Outdoors v. The Senior Divisional

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.08.2019

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.13182 of 2011 and M.P.No.1 of 2011 M/s.Oasis Outdoors, Rep. by its Manager B.Meenakshisundaram, No.27, Maninayakar Street Extension, Ganapathypuram, Chromepet, Chennai. ...Petitioner Vs.

1.The Senior Divisional Commercial manager, Southern Railway, Divisional Commercial Manager's Office, Chennai-600 003.

2.The Commissioner Corporation of Chennai, Ripon Buildings, Chennai-600 003.

3.The Assistant Commissioner, Corporation of Chennai, Unit-3, Puliyanthope, Chennai.

4.The Assistant Executive Engineer, Corporation of Chennai, Unit-9. ... Respondents Prayer: The writ petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, forbearing the respondents 2 to 4 from in any way interfering with the petitioner's rights to carry on business by keeping display boards on the grills of the newly constructed compound wall of the Central Railway Station from subway to the auto stand facing the Poonamallee High Road of the licence granted by the 1st respondent.

For Petitioner : Mr.K.S.Natarajan For Respondents: Mr.J.Ramesh, AGP

O R D E R

This petition has been filed by the petitioner for issuance of a writ of Mandamus, forbearing the respondents 2 to 4 from in any way interfering with the petitioner's rights to carry on business by keeping display boards on the grills of the newly constructed compound wall of the Central Railway Station from subway to the auto stand facing the Poonamallee High Road of the licence granted by the 1st respondent.

2.The case of the petitioner is that the petitioner is carrying on business as an advertising agency. The first respondent granted licence to the petitioner for display of boards of the size 8' x 4' on the grills of the newly constructed compound wall of the Central Railway Station from the Subway to Auto Stand facing the Poonamalee High Road. The said licence was lastly renewed by an order dated 28.01.2011 by the first respondent for a period of one year from 13.11.2010 till 12.11.2011, for which the petitioner paid the licence fee of Rs.2,52,292/- on 31.12.2010. Thereafter, the petitioner has kept the display boards of its clients in the areas earmarked and such display boards are in compliance of all the terms and conditions as imposed by the first respondent herein. While so, without issuing prior notice to the petitioner, the second respondent damaged the display boards and removed some of them on 02.06.2011. Against which, the present writ petition has been filed.

3.On perusal of the records, it is seen that the licence of the petitioner Company was renewed by the first respondent for a period of one year from 13.11.2010 to 12.11.2011. Hence, this Court is of the view that after the lapse of eight years, nothing survives for further adjudication in this writ petition. 4.Accordingly, this writ petition is dismissed as having become infructuous. Consequently, connected miscellaneous petition is closed. No costs.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar

To 1.The Senior Divisional Commercial manager, Southern Railway, Divisional Commercial Manager's Office, Chennai-600 003.

2.The Commissioner Corporation of Chennai, Ripon Buildings, Chennai-600 003.

3.The Assistant Commissioner, Corporation of Chennai, Unit-3, Puliyanthope, Chennai.

4.The Assistant Executive Engineer, Corporation of Chennai, Unit-9.

+1cc to M/s.K.S.Natarajan, Advocate Sr.67483 +1cc to Mr.P.T.Ramkumar, Advocate Sr.68609 W.P.No.13182 of 2011 and M.P.No.1 of 2011 sj[co] srg 19/09/2019