Alison Advertisers v. The Secretary To Govt.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.08.2017
CORAM
The HON'BLE MS.INDIRA BANERJEE, CHIEF JUSTICE AND The HON'BLE MR.JUSTICE M.SUNDAR W.P.No.18382 of 2017 Alison Advertisers, rep. by its Sole Proprietor, No.5/16, T.K.Palani Cross Street, Vanamalai Nagar, periyar Nagar, Nesapakkam, Chennai - 600 078.
.. Petitioner vs.
1.The Secretary to Government of Tamil Nadu, Municipal Administration Department, Fort 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 for issuance of a writ of mandamus directing the second respondent to grant hoarding licence based on the petitioner's applications in Form - I, dated 10.11.2016, 11.11.2016, 24.05.2017 and 31.5.2017. For Petitioner : Mr.A.K.Sriram for M/s.A.S.Kailasam & Associates For Respondents : Mr.M.K.Subramanian Government Pleader for 1st respondent Mr.K.Soundararajan for 2nd respondent
ORDER
(Order of the Court was made by M.Sundar, J.) This writ petition, pertains to grant of licence for erection of advertisement hoardings.
2. It is the say of the writ petitioner that the writ petitioner has submitted applications being applications dated 10.11.2016 and 11.11.2016 respectively to the second respondent before us i.e., Commissioner, Greater Chennai Corporation seeking licence for erection of advertisement hoardings.
3. It is the further say of the writ petitioner that Chennai Hoardings Association has also recommended the case of the writ petitioner qua particular sites for which licence has been sought, the details are as follows:
Date of Application Place of erection of hoarding 10.11.2016 No.52, Sannadhi Street, Tharamani, Chennai - 600 013 11.11.2016 No.23, Govindan Road, West Mambalam, Chennai - 600 033 11.11.2016 No.6, 100 feet Inner Ring Road (JN Road) Anna Nagar, Chennai-600 040 11.11.2016 No.1, Damodaran Street, Vaanuvampet, Chennai-600 091 24.05.2017 No.21(11), Woods Road, Thousand Lights (opposite EA Mall) Chennai - 600 002 Facing North 31.05.2017 No.482/1, Anna Salai, Teynampet, Chennai - 600 006
Date of Application Place of erection of hoarding 31.05.2017 New No.1127, Old No.27 EVR Salai (P.H. Road) Koyambedu, Chennai - 600 107 Western corner vacant land facing north
4. The prayer in the writ petition is for a mandamus to direct the second respondent before us i.e., Commissioner, Greater Chennai Corporation to grant hoarding licence based on the petitioner's applications.
5. Entertaining and examining above prayer would tantamount to examining writ petitioner's applications for hoarding licenses on facts and merits, and therefore, we are not inclined to do that exercise, more so when there is a specialized authority to do that.
6. Therefore at the request of/with the consent of the writ petitioner, the prayer is abridged and construed as a request for mandamus to direct the second respondent to dispose of the applications for licenses for erection of hoardings in accordance with law.
7. Mr.M.K.Subramanian, learned Government Pleader accepts notice on behalf of respondent No.1. Mr.K.Soundararajan, learned standing counsel accepts notice on behalf of respondent No.2.
8. Learned standing counsel appearing on behalf of the second respondent submits that applications of the writ petitioner are under active consideration of respondent No.2 and he submits on instruction that applications will be disposed of within ten (10) days from the date of receipt of a copy of this order.
9. The above submission is recorded.
10. In the light of the above submission being recorded, no further orders are required in this writ petition and the writ petition is disposed of. No costs.
Sd/- Asst.Registrar (CS VI) /true copy/ Sub Asst. Registrar
To:
1. The Secretary to Government of Tamil Nadu, Municipal Administration Department, Fort St. George, Chennai - 600 009.
2. The Commissioner, Greater Chennai Corporation, Ripon Buildings, Chennai - 600 003.
+ 1 cc to Mr.K.Soundararajan, Advocate,SR.57179 + 1 cc to M/s.A.S.Kailasam & Associates Advocate,SR.57190 W.P.No.18382 of 2017 MN(CO) NR 30/08/2017