Gatwick Ads 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.18383 of 2017 Gatwick Ads rep. by its Sole Proprietor Peer Mohamad, C - Block, No.98 Cheran Street, MMDA Colony, Arumbakkam, Chennai - 600 106.
.. 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 11.11.2016 (in the application, the date mentioned as 07.11.2016).
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 an advertisement hoarding.
2. It is the say of the writ petitioner that the writ petitioner has submitted an application being application dated 07.11.2016 (date shown as 11.11.2016 in prayer) to the second respondent before us i.e., Commissioner, Greater Chennai Corporation seeking licence for erection of an advertisement hoarding.
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 site for which licence has been sought.
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 application dated 07.11.2017.
5. Entertaining and examining above prayer would tantamount to examining writ petitioner's application 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 application for licence for erection of hoarding 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 the application of the writ petitioner dated 07.11.2017 is under active consideration of respondent No.2 and he submits on instructions that it would 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 bbr 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.57180 + 1 cc to M/s.A.S.Kailasam & Associates Advocate,SR.57191 W.P.No.18383 of 2017 MN(CO) NR 30/08/2017