D.A.V.Advertising v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.06.2023 CORAM :
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE P. DHANABAL W.P.No.17171 of 2023 and WMP No.16351 and 16352 of 2023 D.A.V.Advertising, rep. by its Proprietor G.Dinesh, S/o Gnanamuthu, No.4/448, J.J.Nagar, Mogappair West, Chennai 600 037.
... Petitioner Vs.
1. The Secretary to Government, Department of Municipal Administration, For St. George, Chennai 600 009.
2. The Commissioner, Greater Chennai Corporation, Ripon Buildings, Chennai 600 003.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of CertiorarifiedMandamus, calling for the records of the 2nd respondent vide letter No.Va.Thu.Na.Ka.No.G4/001204/2023 dated 09.03.2023 and quash the same, consequently, direct the 2nd respondent to issue license to the petitioner for (1) No.418, P.H.Road, Arumbakkam,
Udipi Hotel, Anna Nagar, Chennai600 040; (2) No.3, Kumaran Nagar, Sholinganallur TATA Consultant Opp, Sholinganallur, Chennai; (3) No.1/326, Indira Gandhi Main Road, Karappaakkam, OMR Road, Near GRT Jewellery, Karappakkam, Chennai; (4) No.116, P.H.Road, Maduravoyal, near Kannappar Hotel opp, Maduravoyal, Chennai; and (5) No.50, Bharathi Thasan Nagar, Mogappair, Near Mangal Eri Park, Mogappair, Chennai.
For Petitioner : Mr.C.Deivasigamani For Respondents : Mr.A.Selvendran, Spl.Govt.Pleader for R1 Mr.J.Ravindran, Additional Advocate General assisted by Mrs.Aswini Devi. K. - for R2
ORDER
(Order of the Court was delivered by D.KRISHNAKUMAR, J.) This Writ Petition has been filed to quash the letter in No.Va.Thu.Na.Ka.No.G4/001204/2023 dated 09.03.2023 issued by the 2nd respondent and consequently, direct the 2nd respondent to issue license to the petitioner for (1) No.418, P.H.Road, Arumbakkam, Udipi Hotel, Anna Nagar, Chennai600 040; (2) No.3, Kumaran Nagar, Sholinganallur TATA Consultant Opp, Sholinganallur, Chennai; (3) No.1/326, Indira Gandhi
Main Road, Karappaakkam, OMR Road, Near GRT Jewellery, Karappakkam, Chennai; (4) No.116, P.H.Road, Maduravoyal, near Kannappar Hotel opp, Maduravoyal, Chennai; and (5) No.50, Bharathi Thasan Nagar, Mogappair, Near Mangal Eri Park, Mogappair, Chennai.
2. The petitioner has applied for the license to erect the hoarding in the places as stated above, expressing and undertaking to pay necessary fee. However, vide impugned order dated 09.03.2023, the 2nd respondent has rejected the claim of the petitioner, stating that the advertising association has filed a writ petition. Hence the petitioner approached this Court.
3. The learned Additional Advocate General, appearing for the second respondent submitted that the application made by the petitioner cannot be considered by the authorities concerned, unless he makes the application in a proper format. He further submitted that, if any such application is filed in proper format, the same will be considered by the authorities concerned and appropriate orders will be passed in accordance with law.
4. At this juncture, the learned counsel for the petitioner submitted that the petitioner may be granted liberty to file the application in proper format before the authorities concerned.
5. Inview of the above submission, liberty is granted to the petitioner to file application in proper format and if the petitioner submits the application in format, the authorities concerned are directed to consider the same and pass appropriate orders forthwith in accordance with law.
6. With the above direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. (D.K.K.J.) (P.D.B.J.) 09.06.2023 Internet: Yes/No Index : Yes/No mst
To
1. The Secretary to Government, Department of Municipal Administration, For St. George, Chennai 600 009.
2. The Commissioner, Greater Chennai Corporation, Ripon Buildings, Chennai 600 003.
D.KRISHNAKUMAR, J.
and P. DHANABAL, J.
mst 09.06.2023