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Madras High CourtWP/17719/2015dismissed

Sign Graphics v. The Commissioner

2015-09-03Honourable The Chief Justice,Honourable Mr Justice T. S. Sivagnanam13 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.09.2015 CORAM :

THE HONOURABLE MR.SANJAY KISHAN KAUL, THE CHIEF JUSTICE and The Honourable Mr.Justice T.S.SIVAGNANAM Writ Petition Nos.17719 to 17733 of 2015 Sign Graphics Rep by its Proprietor V.Babu No.7/1 Andavar Nagar 2nd Street Kodambakkam Chennai 24. ... Petitioner in WPs.17719, 17720,17721,17722,17723 of 2015 Maaran Enterprises Rep by its Proprietor B.Elayamaran No.5 Meeran Shahib Street Mount Road Chennai 2. ... Petitioner in WPs.17724, 17725,17726 of 2015 Sri Abirami Enterprises Rep by its Proprietor Sivakumar No.5 Murugesan Street Muthurangan Block Jafferkhanpet Chennai 83. ... Petitioner in WPs.17727, 17728,17729,17730,17731,17732, 17733 of 2015 Vs.

1.The Commissioner 2.The Executive Engineer Zone-IV, Tondiarpet, 3.The Assistant Engineer Zone IV, Tondiarpet,

4.The Zonal Officer Zone IV, Tondiarpet ... Respondents in WP.17719 of 2015 1.The Commissioner 2.The Executive Engineer Zone-VII, Ambattur, 3.The Assistant Engineer Zone-VII, Ambattur, 4.The Zonal Officer Zone-VII, Ambattur, ... Respondents in WP.17720 of 2015 1.The Commissioner 2.The Executive Engineer Zone-XII, Alandur, 3.The Assistant Engineer Zone-XII, Alandur, 4.The Zonal Officer Zone-XII, Alandur, ... Respondents in WPs.17721,17722 of 2015

1.The Commissioner 2.The Executive Engineer Zone-XV, Shozhinganallur, 3.The Assistant Engineer Zone-XV, Shozhinganallur, 4.The Zonal Officer Zone-XV, Shozhinganallur, ... Respondents in WP.17723 of 2015 1.The Commissioner 2.The Executive Engineer Zone-V, Royapuram, 3.The Assistant Engineer Zone-V, Royapuram, 4.The Zonal Officer Zone-V, Royapuram, ... Respondents in WPs.17724,17725 of 2015 1.The Commissioner

2.The Executive Engineer Zone-IX, Teynampet, 3.The Assistant Engineer Zone-IX, Teynampet, 4.The Zonal Officer Zone-IX, Teynampet, ... Respondents in WPs.17726,17727 of 2015 1.The Commissioner 2.The Executive Engineer Zone-XIII, Adyar, 3.The Assistant Engineer Zone-XIII, Adyar, 4.The Zonal Officer Zone-XIII, Adyar, ... Respondents in WP.17728 of 2015 1.The Commissioner 2.The Executive Engineer Zone-VIII, Anna Nagar,

3.The Assistant Engineer Zone-VIII, Anna Nagar, 4.The Zonal Officer Zone-VIII, Anna Nagar, ... Respondents in WP.17729 of 2015 1.The Commissioner 2.The Executive Engineer Zone-XIII, Adyar, 3.The Assistant Engineer Zone-XIII, Adyar, 4.The Zonal Officer Zone-XIII, Adyar, ... Respondents in WP.17730 of 2015 1.The Commissioner 2.The Executive Engineer Zone-IX, Teynampet, 3.The Assistant Engineer Zone-IX, Teynampet,

4.The Zonal Officer Zone-IX, Teynampet, ... Respondents in WPs.17731,17732 of 2015 1.The Commissioner 2.The Executive Engineer Zone-VIII, Anna Nagar, 3.The Assistant Engineer Zone-VIII, Anna Nagar, 4.The Zonal Officer Zone-VIII, Anna Nagar, ... Respondents in WP.17733 of 2015 Prayer in WPs :

WP.17719 of 2015 : 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.196, T.H.Road, Tondiarpet, Chennai 600 081, except due process of law.

WP.17720 of 2015 : 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 placard or sign board which erected in the business premises of the petitioner shop situated at No.37, Jawaharlal Nehru Road, 100 feet Road, Koyambedu, Chennai 107 except due process of law.

WP.17721 of 2015 : 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 placard or sign board which erected in the business premises of the petitioner shop situated at 15, G.S.T.Road, Alandur, Chennai 16 except due process of law. WP.17722 of 2015 : 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 placard or sign board which erected in the business premises of the petitioner shop situated at 48, G.S.T.Road, Meenambakkam, Chennai 27 except due process of law. WP.

17723 of 2015 : 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 placard or sign board which erected in the business premises of the petitioner shop situated at 2/63, East Coast Road, Injambakkam, Chennai 115 except due process of law. WP.17724 of 2015 : 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 placard or sign board which erected in the business premises of the petitioner shop situated at No.53, Sathyavani Muthu Nagar, pallavan Salai, Chennai 2 except due process of law. WP.

17725 of 2015 : 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 placard or sign board which erected in the business premises of the petitioner shop situated at No.4, Sathyavani Muthu Nagar, pallavan Salai, Chennai 2 except due process of law. WP.17726 of 2015 : 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 placard or sign board which erected in the business premises of the petitioner shop situated at No.592, Old No.519, Anna Salai, teynampet, Chennai 18 except due process of law. WP.

banner or placard or sign board which erected in the business premises of the petitioner shop situated at No.110/1, Mahatma Gandhi Road, Nungambakkam, Chennai 34 except due process of law. WP.17728 of 2015 : 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 placard or sign board which erected in the business premises of the petitioner shop situated at No.25, Thiruvalluvar Nagar, Beasant Nagar, Chennai to an extent of 100 sq.ft. except due process of law.

WP.17729 of 2015 : 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 placard or sign board which erected in the business premises of the petitioner shop situated at No.616, Poonamallee High Road, Arumbakkam, Chennai 106 to an extent of 100 sq.ft. except due process of law.

WP.17730 of 2015 : 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 placard or sign board which erected in the business premises of the petitioner shop situated at No.68/2, Valmiki Street, Thiruvanmiyur, Chennai 41 to an extent of 100 sq.ft. except due process of law.

WP.17731 of 2015 : 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 placard or sign board which erected in the business premises of the petitioner shop situated at No.278, Anna Salai, Thousand Lights, Chennai 6 to an extent of 100 sq.ft. except due process of law.

WP.17732 of 2015 : 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 placard or sign board which erected in the business premises of the petitioner shop situated at No.23/65, Nelson Manickam Road, Choolaimedu, Chennai 94 to an extent of 100 sq.ft. except due process of law.

WP.17733 of 2015 : 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 placard or sign board which erected in the business premises of the petitioner shop situated at No.167/1, M.T.H. Road, Villivakkam, Chennai 49 to an extent of 100 sq.ft. except due process of law.

For Petitioner : No appearance For Respondents : Mr.P.V.Selvakumar for R.1 to R.4 in all cases C O M M O N 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 III) //True Copy// Sub Assistant Registrar ksr To

1. The Commissioner

2. The Executive Engineer Zone-IV, Tondiarpet,

3. The Assistant Engineer Zone IV, Tondiarpet,

4. The Zonal Officer Zone IV, Tondiarpet

5. The Executive Engineer Zone-VII, Ambattur,

6. The Assistant Engineer Zone-VII, Ambattur,

7. The Zonal Officer Zone-VII, Ambattur,

8. The Executive Engineer Zone-XII, Alandur,

9. The Assistant Engineer Zone-XII, Alandur, 10.The Zonal Officer Zone-XII, Alandur, 11.The Executive Engineer Zone-XV, Shozhinganallur, 12.The Assistant Engineer Zone-XV, Shozhinganallur, 13.The Zonal Officer Zone-XV, Shozhinganallur, 14.The Executive Engineer Zone-V, Royapuram, 15.The Assistant Engineer Zone-V, Royapuram,

16.The Zonal Officer Zone-V, Royapuram, 17.The Executive Engineer Zone-IX, Teynampet, 18.The Assistant Engineer Zone-IX, Teynampet, 19.The Zonal Officer Zone-IX, Teynampet, 20.The Executive Engineer Zone-XIII, Adyar, 21.The Assistant Engineer Zone-XIII, Adyar, 22.The Zonal Officer Zone-XIII, Adyar, 23.The Executive Engineer Zone-VIII, Anna Nagar, 24.The Assistant Engineer Zone-VIII, Anna Nagar,

25.The Zonal Officer Zone-VIII, Anna Nagar, +1cc to Mr.P.V.Selva Kumar, Advocate, S.R.No.48030 W.P.Nos.17719 to 17733 of 2015 CNR(CO) CA(05/10/2015)