M/S.Ishvarya Publicities Pvt. v. Government Of Tamil Nadu, Rep

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 13.02.2019

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.No.17455 of 2004 M/s.Ishvarya Publicities Private Ltd.

... Petitioner E-5, II Floor, Rohini Gardens, Raja Annamalaipuram, Chennai - 600 026.

Vs.

1. Government of Tamil Nadu, Rep. by Secretary to Government, Municipal Administration and Water Supply Department, Fort St. George, Chennai - 600 009.

2. The District Collector, Chennai District.

3. Metropolitan Transport Corporation (Chennai) Limited, (Government of Tamil Nadu Undertaking), Pallavan House, Chennai - 600 002.

Rep. by its Managing Director ...

Respondents Prayer : Writ petition filed under Article 226 of the Constitution of India, to issue Writ of Declaration declaring Chennai City Corporation Licensing of Hoardings, Levy and Collection of Advertisement Tax Rules, 2003 introduced by the first respondent herein on 26.06.2003 an unconstitutional and as not applicable to the hoardings of the petitioner erected in the Gandhi Nagar Bus Stand, Adyar Bus Terminus, Chennai - 600 020, pursuant to the agreement dated 03.10.2003 of the third respondent herein.

For Petitioner : Ms.AL. Gandhimathi For Respondents : Ms.K. Bhuvaneswari, Addl. Government Pleader for RR1 and 2 Mr.M.Chidambaram, Standing Counsel for R3 https://hcservices.ecourts.gov.in/hcservices/

O R D E R

The prayer in the writ petition is for a declaration to declare the Chennai City Corporation Licensing of Hoardings, Levy and Collection of Advertisement Tax Rules, 2003 introduced by the first respondent herein on 26.06.2003 as an unconstitutional and as not applicable to the hoardings of the petitioner, since, it had executed an agreement with the Metropolitan Transport Corporation on 03.10.2003.

2. The agreement dated 03.10.2003 evidences that the period of licence was for 33 months. Apparently, the licence agreement has expired and as such, no fruitful orders can be passed on the basis of this agreement. Accordingly, this writ petition stands dismissed. No costs.

Sd/- Assistant Registrar(CS-VI) //True copy// Sub Assistant Registrar vsi2 To

1. The Secretary to Government, Municipal Administration and Water Supply Department, Fort St. George, Chennai - 600 009.

2. The District Collector, Chennai District.

3. The Managing Director, Metropolitan Transport Corporation (Chennai) Limited, Pallavan House, Chennai - 600 002.

+1cc to Mrs.AL.Ganthimathi, Advocate SR.No.13147 +1cc to Mr.M.Chidambaram, Advocate SR.No.12958 +1cc to Government Pleader SR.No.14156 W.P.No.17455 of 2004 RR(CO) GMY(07/03/2019) https://hcservices.ecourts.gov.in/hcservices/