M/S.Artec Advertising v. The Senior Divisional
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 26.04.2016 Coram:
The Honourable Mr. SANJAY KISHAN KAUL, CHIEF JUSTICE and The Honourable Mr.Justice M.M.SUNDRESH W.P.Nos. 5881 of 2013, 2219 and 2220 of 2013 W.P.Nos.5625 to 5634 and W.P.Nos.15372 to 15374 of 2013 M/S.ARTEC ADVERTISING REPRESENTED BY ITS PARTNER P.B.ABDUL RAHMAN, NO.68, HALLS ROAD, KILPAUK, CHENNAI 600 010.
... Petitioner in W.P.No.5881 of 2013 M/S.SIR ADVERTISERS REP. BY ITS PROPRIETOR NO.12 NAGARATHINAM STREET THIRU VI KA NAGAR PATTABIRAM CHENNAI-72.
... PETITIONER in WP No.2219 of 2013 M/S.3 STAR MEDIA REP. BY ITS PROPRIETOR NO.26/9 RAJAMANGALAM MAIN ROAD VILLIVAKKAM CHENNAI- 49.
... PETITIONER in WP No.2220 of 2013 M/S.CAROL AD REP. BY ITS PROPRIETRIX ANITHA RATNA KUMARI ... PETITIONER in WP No.5625 of 2013 R.PASUPATHY ... PETITIONER in WP No.5626 of 2013 M/s.AHUJA ADVERTISING REPTD. BY ITS PROPRITOR B.GANESH KUMAR ... PETITIONER in WP No.5627 of 2013 M/S.LOYAL ADS REP BY ITS PROPRIETOR V. PONNAPPAN ... PETITIONER in WP No.5628 of 2013 M/S.OSCAR ADVERTISING REPTD.BY ITS PROPRITOR S.ALAMU ... PETITIONER in WP No.5629 of 2013
M/S.RAMANA BRAND COMMPUT LTD REPTD BY ITS DIRECTOR J.PRAGASH ... PETITIONER in WP No.5630 of 2013 M/S. MANTRALAYAMAHAN ADS REPTD. BY ITS PROPRIETOR G. RAMASUBRAMANIAN ... PETITIONER in WP No.5631 of 2013 M/S.VISTA VISION REPTD. BY ITS PROPRIETOR G.PAVITHRA MOHAN ... PETITIONER in WP No.5632 of 2013 M/S. GURU MARKETING SERVICE REPTD. BY ITS PROPRIETOR V.C. VETHANATHAM ... PETITIONER in WP No.5633 of 2013 M/S. LANDMARKS REPTD.BY ITS PROPRIETOR T.PALANIKUMAR ... PETITIONER in WP No.5634 of 2013 M/S.SAI RAM MEDIA REP BY ITS PROPRIETOR V. ELANGOVAN ... PETITIONER in WP No.15372 of 2013 M/S.SRI OUTDOORS REP BY ITS PROPRIETOR V. ELANGOVAN ... PETITIONER in WP No.15373 of 2013 M/S.LOYAL ADS REP BY ITS PROPRIETOR V. PONNAPPAN ... PETITIONER in WP No.15374 of 2013
Versus
1 THE SENIOR DIVISIONAL COMMERCIAL MANAGER SOUTHERN RAILWAY DIVISIONAL COMMERCIAL MANAGER OFFICE CHENNAI-3.
... RESPONDENT in WP No.2219 of 2013 2 THE COMMISSIONER CORPORATION OF CHENNAI RIPPON BUILDINGS CHENNAI-3.
3 THE ASSISTANT COMMISSIONER CORPORATION OF CHENNAI.
4 THE ASSISTANT EXECUTIVE ENGINEER CORPROATION OF CHENNAI.
1 THE SENIOR DIVISIONAL COMMERCIAL MANAGER SOUTHERN RAILWAY DIVISIONAL COMMERCIAL MANAGER OFFICE CHENNAI-3.
... RESPONDENT in WP No.2220 of 2013 2 THE COMMISSIONER CORPORATION OF CHENNAI RIPPON BUILDINGS CHENNAI-3.
3 THE ASSISTANT COMMISSIONER CORPORATION OF CHENNAI.
4 THE ASSISTANT EXECUTIVE ENGINEER CORPROATION OF CHENNAI.
1 THE SENIOR DIVISIONAL COMMERCIAL MANAGER SOUTHERN RAILWAY DIVISIONAL COMMERCIAL MANAGER OFFICE COMMERCIAL BRANCH SALEM.
2 DEPUTY STATION MASTER RAILWAY (COMMERCIAL) COIMBATORE JUNCTION PLOT NO.1 COIMBATORE.
3 THE COMMISSIONER (INCHARGE) & DEPUTY COMMISSIONER MUNICIPAL ADMINISTRATION AND WATER SUPPLY DEPARTMENT CITY MUNICIPAL CORPORATION COIMBATORE-641 001.
4 THE DISTRICT COLLECTOR O/O.DISTRICT COLLECTOR COIMBATORE.
... RESPONDENTs in WP No.5625 to 1 THE SENIOR DIVISIONAL COMMERCIAL MANAGER SOUTHERN RAILWAY DIVISIONAL COMMERCIAL MANAGERS OFFICE CHENNAI 3 2 THE COMMISSIONER CORPORATION OF CHENNAI RIPON BUILDINGS CHENNAI 3
3 THE TAMILNADU ROAD DEVELOPMENT CORPORATION LTD. REP BY ITS DIRECTOR NO.346 SINDUR PANTHEON PLAZA 2ND FLOOR PANTHEON ROAD EGMORE CHENNAI 8 ... RESPONDENTs in WP No.15372 to 15374 of 2013 Petition filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus, forbearing the respondents, their officers and subordinates or anyone acting through them or under them from in any manner interfering with the petitioner's right to carry on its business by keeping the display boards in the places allotted by the 1st respondent. WP No.2219 of 2013:
Forbearing the respondents or its officials or their subordinates or any person or persons acting under or through them from in any way interfering with the petitioner right to carry in its business by keeping 3 sided Display Board in the place allotted by the 1st respondent at Padi Railway Station under valid license issued by the 1st respondent.
WP No.2220 of 2013:
Forbearing the respondents or its officials or their subordinates or any person or persons acting under or through them from in any way interfering with the petitioner right to carry in its business by keeping 3 sided Display Board in the place allotted by the 1st respondent at two boards in Padi Railway Station and one board at Egmore Railway Station under valid license issued by the 1st respondent. WP No.5625 to 5634 of 2013:
Petition filed under Article 226 of the constitution of India, to issue Writ of Certiorari, calling for the records pertaining to the impugned Communication sent by the 3rd respondent to the 2nd respondent bearing Roc.No. 5140/ 2012/MH-5 dated 11.2.2013.
WP No.15372 to 15373 of 2013:
Petition under Article 226 of the constitution of India forbearing the respondents or its officials or their subordinates or any person or persons acting under or through them from in any way interfering with the petitioners right to carry on its business by keeping two display boards in the place allotted by the 1st respondent at Kasthuri Bai Nagar Railway Station under valid license issued by the 1st respondent.
For Petitioner ::: Mr.S.K.P.Dilip Babu For Respondents ::: Mr.P.T.Ramkumar Standing Counsel for R.1 Ms.Karthika Ashok for R.2
O R D E R
(The Order of the Court was made by The Hon'ble The Chief Justice) It is agreed that these writ petitions may be closed in terms of the order passed in W.P.Nos.8661 of 2012 and connected matters on 11.08.2015.
2. The writ petitions accordingly stand disposed of in terms of the aforesaid. No costs. Consequently, connected miscellaneous petitions are closed.
3. We may notice that the original bundles are not available and copies of the papers be supplied by Mr.P.T.Ramkumar, learned Standing Counsel for Railways for completion of record.
Sd/- Assistant Registrar(CS-VII) //True Copy// Sub Assistant Registrar To
1. THE SENIOR DIVISIONAL COMMERCIAL MANAGER, SOUTHERN RAILWAY, DIVISIONAL COMMERCIAL MANAGER'S OFFICE, CHENNAI 600 003.
2.THE COMMISSIONER, CORPORATION OF CHENNAI, RIPPON BUILDINGS, CHENNAI 600 003.
3.THE DIRECTOR THE TAMILNADU ROAD DEVELOPMENT CORPORATION LTD.
NO.346 SINDUR PANTHEON PLAZA 2ND FLOOR PANTHEON ROAD EGMORE CHENNAI 8
4. DEPUTY STATION MASTER RAILWAY (COMMERCIAL) COIMBATORE JUNCTION PLOT NO.1 COIMBATORE.
5 THE COMMISSIONER (INCHARGE) & DEPUTY COMMISSIONER MUNICIPAL ADMINISTRATION AND WATER SUPPLY DEPARTMENT CITY MUNICIPAL CORPORATION COIMBATORE-641 001.
6 THE DISTRICT COLLECTOR O/O.DISTRICT COLLECTOR COIMBATORE.
1 cc to Mr.P.T.Ramkumar, Advocate, sr.26213 1 cc to Mr.Narton & Grant, Advocates, sr.26923 10 ccs to Mr.Narton & Grant, Advocates, sr.26922 W.P.Nos. 5881 of 2013, 2219 and 2220 of 2013 W.P.Nos.5625 to 5634 and W.P.Nos.15372 to 15374 of 2013 ug co kra 10.06.2016