Madras High CourtWP/21074/2015closed

K.R.Ramaswamy Alias Traffic v. The Secretary

2015-07-14Honourable The Chief Justice,Honourable Mr Justice T. S. Sivagnanam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.07.2015

CORAM

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE T.S.SIVAGNANAM W.P.No.21074 of 2015 K.R.Ramaswamy alias Traffic Ramaswamy .. Petitioner -vs1.The Secretary, Government of Tamil Nadu, Highway (NH) Department, Fort St. George, Chennai-600 009.

2.The Secretary, Government of Tamil Nadu, Environment and Forest Department, Fort St. George, Chennai-600 009.

3.The Secretary, Government of Tamil Nadu, Municipal Administration and Water Supply Department, Fort St. George, Chennai-600 009.

4.The Secretary, Government of Tamil Nadu, Rural Development Department, Fort St. George, Chennai-600 009.

5.The Cantonment Executive Officer, Cantonment Board, St. Thomas Mount, Chennai.

6.The Divisional Engineer, Highways Department, Saidapet, Chennai-15.

.. Respondents Petition under Article 226 of the Constitution of India praying for issue of Writ of Mandamus by directing the respondents 1 to 5 to

consider the representation sent by the petitioner dated 10.04.2015 and directing the respondents to remove the private advertisement hoardings erected in Hoarding Free Zone from Kathipara Junction (KM 11/7) to Pallavaram (KM 19/6) since the erections are gainst the orders of this Hon'ble Court passed in W.P.No.28384 of 2005 dated 26.09.2006 and also ensure that no new hoardings shall be erected in the Hoardings Free Zone.

For Petitioner : Mr.S.Ganesan For Respondents : Mr.STS.Moorthy Government Pleader assisted by Mr.V.Shanmugha Sundar Government Advocate for R1,R3 to R6 Mr.M.K.Subramaniam Spl. G.P. (Forest) for R2

O R D E R

(Order of the Court was made by The Hon'ble Chief Justice) The petitioner seeks consideration of the representation dated 10.04.2015, whereby he sought removal of the private advertisement hoardings erected in Hoarding Free Zone from Kathipara Junction to Pallavaram since the same was against the orders of this Court in W.P.No.28384 of 2005, decided on 26.09.2006.

2. The present writ petition appears to be a little too late in the day, as we are already in seizin of the matter. Suffice to say that permission was granted by the Cantonment Board, but on survey, it was found that the land claimed to be belonging to the Cantonment Board is of the National Highways Authority of India. The licensees have approached the Court earlier apprehending action on the alleged oral threats and since there was no material for the same, this Court dismissed the writ petitions with liberty to approach the Court, if the licenses were cancelled. It is informed to us by the learned Government Pleader that subsequently action has been taken for cancellation of the licenses and number of the hoardings have also been removed. However, in some writ petitions, there is status qua order and those writ petitions are in the process of filing the counter-affidavits to contest the matters.

3. The aforesaid shows that the Government authorities are conscious and aware of the illegality which is perpetrated from the licenses granted by the Cantonment Board's Executive Officer and are taking corrective steps. Even the Cantonment Board realising its illegality, has cancelled the licenses, as communicated to the Highways Authority and Divisional Engineer, Construction and Maintenance, Chennai City Roads vide letter dated 02.07.2015.

4. In view thereof, we close the writ petition. No costs. Sd/- Assistant Registrar True Copy Sub Assistant Registrar bbr To 1.The Secretary, Government of Tamil Nadu, Highway (NH) Department, Fort St. George, Chennai-600 009.