Sign Graphics 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.16687 to 16696 of 2015 Sign Graphics
...Petitioner in W.P.Nos.16687 to 16695 of 2015
Sri Abirami Enterprises, Rep.by its Prop.
Mr.Sivakumar
...Petitioner in W.P.No.16696 of 2015
Versus
1.The Commissioner Corporation of Chennai, Rippon Buildings, Chennai 600 003.
2.The Executive Engineer Corporation of Chennai Zone-XII, Alandur Chennai.
3.The Assistant Engineer Corporation of Chennai Zone XII, Alandur, Chennai.
4. The Zonal Officer Corporation of Chenai Zone XII, Alandur Chennai.
...Respondents in all WPs
Petition 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
hoarding or placard or sign board which has been erected in the business premises at No.84, Thunduma Nagar, Jawaharlal Nehru Road, St.Thomas Mount, Chennai 600016, No.35, Duraisamy Road, T.Nagar, Chennai - 17, No.58/6, Duraisamy Gramani Street, Vadapalani, Chennai - 26, No.74/20A, First Avenue, Ashok Nagar, Chennai - 600 083, No.31/59, Arcot Road, Kodambakkam, Chennai - 24, No.8/11, Collector Nagar Bus Stop Radial House, Anna Nagar West Extension, Chennai - 101, No.10, Arcot Road, Virugumbakkam, Chennai - 92, No.27/17, Arcot Road, Kodambakkam, Chennai - 24, No.153/20, 2nd Steet, Arcot Road, Virugumbakkam, Chennai - 92, No.10, Pillai Koil Street, Jafferkhanpet, Chennai - 83, except due process of law. For Petitioner :
No appearance For Respondents :
Mr.P.V.Selvakumar for R.1 to R.4 in all cases
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.
Sd/- Assistant Registrar(CS-V) //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.
1 CC to Mr.P.V.Selvakumar, Advocate SR.No. 48020 W.P.Nos.14656 to 14662 of 2015 SAI (CO) PSI (13.10.2015)