M/S.True Value Home I Pvt.Ltd v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.09.2015

CORAM:

THE HONOURABLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM Writ Petition No.19317 of 2014 and M.P.No.1 of 2014 M/s.True Value Homes(I) Pvt., Ltd., represented by its General Manager - Liaison Mr.R.Sundara Rajan No.21, C.V.Raman Road, Alwarpet, Chennai 600 018 ... Petitioner

Versus

1.The District Collector, Chennai.

2.The Commissioner Corporation of Chennai Ripon Buildings Chennai 600 003.

3.The Commissioner of Police Egmore, Chennai 600008.

... Respondents Petition filed under Article 226 of the Constitution of India praying for the issue of a writ of Mandamus, forbearing the respondents from in any manner interfering with the petitioner's right to carry on trade and business by cutting/removing or defacing the petitioner's name/sign boards displaying its own name kept at the project sites of the petitioner.

For Petitioner : Mr.S.Natarajan For Respondents : Mr.S.T.S.Murthy Government Pleader assisted by Mr.V.Shanmughasundar Government Advocate for R.1 Mr.A.Nagarajan for R.2

O R D E R

(The Order of the Court was made by The Hon'ble The Chief Justice) In this petition, there is no controversy over the fact that the petitioner is promoting its own project through Boards and Wall paintings.

2. It is the case of the petitioner that this is permissible as the petitioner is promoting only its project at the sight.

3. On the other hand, it is contended by the learned counsel for the respondent that it is still an advertisement and the definition of advertisement in Rule 2(b) "Advertisement" of Chennai City Municipal Corporation Licensing of Hoardings and Levy and Collection of Advertisement Tax Rules, 2003, is exhaustive enough to include such promotion.

4. On the aforesaid aspect, learned counsel for the petitioner states that if a tax/charge has to be paid by the petitioner, the petitioner is willing to do so, but his walls may not be defaced in the mean time.

5. In view of the aforesaid position, we grant one month's time to the petitioner to obtain permission, if any, along with payment of fees/tax for the advertisement and during this period of time, no defacement will take place. If the petitioner fails to make the payment or obtain permission, then the respondents are at liberty to proceed with the defacement.

The writ petition accordingly stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar ksr To 1.The District Collector, Chennai.

2.The Commissioner, Corporation of Chennai, Ripon Buildings, Chennai 600 003.

3.The Commissioner of Police, Egmore, Chennai 600008.

+2cc's to M/s.K.S.Natarajan, Advocate, S.R.No.47690 & 48359 +1cc to the Government Pleader, S.R.No.48122 W.P.Nos.19317 of 2014 RSI(CO) CA(23/09/2015)