Maaran Enterprises, v. The Commissioner,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 03.09.2015 Coram:
The Honourable Mr.SANJAY KISHAN KAUL, CHIEF JUSTICE and The Honourable Mr.Justice T.S.SIVAGNANAM Writ Petition Nos.14656 to 14662 of 2015 ------- Maaran Enterprises represented by its Proprietor Mr.B.Elayamaran No.5, Meeran Shahib Street, Mount Road, Chennai 600002.
.... Petitioner in WP.No.14656 & 14657/15 M/S.Ramani Enterprises Rep. by its Proprietor Mr.B.Elayamaran A Block NO.62 Nakkeran Nagar Chennai 600 018.
...Petitioner in WP.NO.14658/15
Sekar Enterprises Rep. by its Proprietor Mr.B.Elayamaran A Block NO.62 Nakkeran Nagar Chennai 600 018.
...Petitioner in WP.No.14659/15
Dhanalakshmi Enterprises Rep. by its Proprietor Mr.B.Elayamaran C Block NO.62 Nakkeran Nagar Chennai 600 018.
...Petitioner in WP.14660/15
Vasantha Enterprises Rep. by its Proprietor Mr.B.Elayamaran D Block NO.64 Nakkeran Nagar Chennai 600 018
...Petitioner in WP.No.14661/151
S.S.GROUPS Rep. by its Proprietor Mr.Singaravelan No.1 Ground flor Mahalingam Street Mahalingapuram Chennai 34.
...Petitioner in WP.14662/15
Versus
1.The Commissioner Corporation of Chennai, Rippon Buildings, Chennai 600 003.
2.The Executive Engineer Corporation of Chennai Zone-IX, Teyampet Chennai.
3.The Assistant Engineer Corporation of Chennai Zone IX, Teyampet, Chennai.
4. The Zonal Officer Corporation of Chenai Zone IX, Teynampet Chennai.
5 The Executive Engineer Corporation of Chennai Zone XIII Adyar Chennai.
6 The Assistant Engineer Corporation of Chennai Zone XIII Adyar Chennai.
7 The Zonal Officer Corporation of Chennai Zone XIII Adyar Chennai.
...Respondents in WP.No.14656
to 14660 & 14662/15
Petitions filed under Article 226 of the Constitution of India praying for the issue of a writ of Mandamus, forbearing the respondents from removing or disturbing the digital banner or placard or sign board which has been erected in the business premises except due process of law.
For Petitioner ::: No appearance For Respondents ::: Mr.A.Nagarajan Mr.V.R.Selvasekaran COMMON O R D E R (The Order of the Court was made by The Hon'ble The Chief Justice) None appears for the petitioner.
2.The petitioner is an advertisement agency which seek to display advertisement on private building.
3.The exemption which is available under Rule 11 of the Tamil Nadu Urban Local Bodies (Permission for Erection of Digital Banners and Placards) Rules, 2011, is only in respect of owners and occupiers so long as they are advertising the business which is being carried on in those premises. Rule 11 reads as under: "11.Exemption: Nothing contained in these rules shall apply to any digital banner or placard on which is exhibited any advertisement which relates to -- (i) the trade or business carried on within the land or building, upon or over, which such digital banner or placard is erected or to any sale or letting of such land or building or any effects therein or to any sale, entertainment of meeting, to be held upon or in such land or building; or (ii)the name of the land or building, upon or over which the digital banner or placard is erected or to the name of the owner or occupier of such land or building.
Provided that the size of such digital banner or placard shall not exceed the maximum size prescribed in sub-rule(1) or rule 5 of these rules.
4. In view of the aforesaid, the writ petitions stand dismissed. No costs. Consequently all connected miscellaneous petitions are closed.
-s/d- Assistant Registrar True Copy Sub-Assistant Registrar KSR To 1.The Commissioner, Corporation of Chennai, Rippon Buildings, Chennai 600 003.
2.The Executive Engineer, Corporation of Chennai Zone-IX, Teyampet, Chennai.
3.The Assistant Engineer, Corporation of Chennai Zone IX, Teyampet, Chennai.
4. The Zonal Officer, Corporation of Chenai Zone IX, Teynampet, Chennai.
5 The Executive Engineer Corporation of Chennai Zone XIII Adyar Chennai.
6 The Assistant Engineer Corporation of Chennai Zone XIII Adyar Chennai.
7 The Zonal Officer Corporation of Chennai Zone XIII Adyar Chennai.
+1 cc to Mr.K.Soundarajan Advocate sr.48408 W.P.Nos.14656 to 14662 of 2015 aa30/09/2015