Madras High CourtWP/11816/2021disposed of

M/S.Media Today v. The District Collector,

2021-06-15Honourable Mr Justice D. Krishnakumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 15.06.2021 Coram The Honourable Mr.Justice D.KRISHNAKUMAR W.P.No.11816 of 2021 M/s.Media Today, Through its Proprietor, Mr.K.Palanisamy S/o. Kandasamy No.5, Sri Ranga, Bharathiyar Road, Maniakarampalayam, Ganapathy Post, Coimbatore - 641 006.

...Petitioner

Versus

1.The District Collector, Collectorate building, Coimbatore - 641 018.

2.The Commissioner of Police, Commissioner of Police Office, Coimbatore City, Upplipalayam, Coimbatore - 641 018.

3.The Commissioner, Coimbatore Corporation, Corporation Office Coimbatore, Raja Street, Town Hall, Coimbatore - 641 001.

...Respondents

This Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of mandamus directing the respondents to extend the period of grant of permission by the first respondent for holding the CCTV Cameras and advertisement Board at Raja Street and Periyakadai Veedhi, Coimbatore and issue No Objection Certificate for the same, by passing orders on the petitioner's representation dated 19.03.2021.

For Petitioner :

Mr.A.Natarajan, Senior Counsel for Ms.A.Madhumathi For Respondents - 1 & 2 :

Mr.M.R.Gokul Krishnan, Government Advocate Respondent - 3 :

Mr.K.Magesh

O R D E R

(The case has been heard through video conference) The relief sought for in the present writ petition is to direct the respondents to extend the period of grant of permission by the first respondent for holding the CCTV Cameras and advertisement Board at Raja Street and Periyakadai Veedhi, Coimbatore and issue No Objection Certificate for the same, by passing orders on the petitioner's representation dated 19.03.2021.

2. The petitioner is engaged in CCTV surveillance business. The third respondent vide Notice dated 30.01.2018 granted permission to the petitioner to hold CCTV Camera and their Advertisement Board at three places viz., (i) Oppanakara Street (ii) Raja Street and (iii) Periyakadai Street. Subsequently, the first respondent vide Notice dated 17.03.2018 stipulated that the permission granted to the petitioner to hold CCTV Camera and their Advertisement Board is only for the period from 17.03.2018 to 31.03.2021.

The petitioner has paid the Advertisement Fee and License Fee till 31.03.2021 without any delay.

2.1. While so, the period of permission granted to the petitioner to hold CCTV Camera and their Advertisement Board at Raja Street and Periyakadai Street ended on 31.03.2021. But even before that, on 19.03.2021 itself, the petitioner has submitted a requisition letter to the respondents 1 & 3, requesting them to extend the period of grant of permission for a further period of 2 years, however, till date, there is no response for the petitioner's representation. Therefore, the petitioner has filed the present writ petition before this Court.

3. The learned counsel for the petitioner would submit that due the COVID - 19 Pandemic situation, lock down was announced by the Government of India from time to time, as a result of which, the petitioner has suffered severe financial loss in their business, however, they have paid the Tax and the License Fee even during the said lock down period i.e., from 01.04.2020 to 31.03.2021. He therefore prays this Court to issue

appropriate direction to the respondents 1 & 3 to consider the petitioner's representation and pass appropriate orders therein. He would also submit that if the period of grant of permission is extended by the respondents 1 & 3, the petitioner is ready to pay the License Fee for the permission extended period i.e., from 01.04.2021 to 31.03.2023.

4. The learned Government Advocate appearing for the respondents 1 & 2 has brought to the notice of this Court that in a similar issue, a Writ Appeal has been filed and interim order has also been passed by this Court by extending the period of grant of permission. He would also submit that the petitioner's representation is pending before the first respondent and the same would be duly considered by the respondents on merits and appropriate orders will be passed therein, within a time frame, as stipulated by this Court.

5. Heard the learned counsel on both sides.

6. Considering the submissions made by the learned counsel on both sides and also taking note of the facts and circumstances of the case, this Court directs the first respondent to consider the petitioner's representation dated 19.03.2021 and pass appropriate orders on merits and in accordance with law, as expeditiously as possible, within a period of four weeks from the date of receipt of a copy of this order.

7. This writ petition stands disposed of with the above direction. No costs.

Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar mrr To 1.The District Collector, Collectorate building, Coimbatore - 641 018.

2.The Commissioner of Police, Commissioner of Police Office, Coimbatore City, Upplipalayam, Coimbatore - 641 018.

3.The Commissioner, Coimbatore Corporation, Corporation Office Coimbatore, Raja Street, Town Hall, Coimbatore - 641 001.

+1cc to Mr.A.P.Balaji, Advocate, S.R.No.27899 +1cc to Mr.K.Magesh, Advocate, S.R.No.27886 +1cc to the Government Pleader, S.R.No.27960 W.P.No.11816 of 2021 RK(CO) CB(16/07/2021)