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Madras High CourtWP/31980/2015dismissed

Bharath, v. The Commissioner,

2015-11-27Honourable Mr Justice T. S. Sivagnanam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.11.2015

CORAM

THE HON'BLE Mr. JUSTICE T.S.SIVAGNANAM W.P.No.31980 of 2015 & M.P.No.1 of 2015 Bharath [ PETITIONER ] Vs 1 The commissioner Ripon Building, Chennai-600 003.

2 The Executive Engineer 3 The Assistant Engineer Chennai-20.

4 The Zonal Officer [ RESPONDENTS ] Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to forbear the respondents from removing or disturbing the digital banner or placard or signboard which is erected in the premises of the petitioner shop situated at Old No.10/1A New No.8/1A Dr.Durgabaideshmuk Road R.A.Puram Chennai-28 of an extent of 150 sq.ft. except due process of law.

For Petitioner ..No appearance For Respondents ..Mr.P.V.Selvakumar *************

O R D E R

No appearance for the petitioner.

Heard Mr.P.V.Selvakumar, learned counsel appearing for the respondents.

2. The petitioner has filed this Writ Petition, to forbear the respondents from removing or disturbing the digital banner or placard or signboard which is erected in his shop situated at Old No.10/1A New No.8/1A Dr.Durgabaideshmuk Road R.A.Puram Chennai-28 of an extent of 150 sq.ft. except due process of law. 3.Admittedly, the petitioner is not carrying on the business for the products for which advertisement has been made. When identical issue came up before the First Bench of this Court, similar writ petitions were dismissed considering the scope of Rule 11 of the Tamil nadu Urban Local Bodies (Permission for Erection of Digital Banners and Placards) Rules 2011, under which there is a provision of exemption, which is not available to the petitioner. One such batch of Writ Petitions being W.P.Nos.15070 to 15073 of 2015 dated 03.09.2015. Following the same, this Writ Petition stands dismissed. No costs. Consequently, connected Miscellaneous Petition is closed.

rpa s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar To 1 The commissioner Ripon Building, Chennai-600 003.

2 The Executive Engineer 3 The Assistant Engineer Chennai-20.

4 The Zonal Officer + 1 cc to M/s.P.V.Selvakumar, Advocate SR 64834 ppa(co) prk18/12 W.P.No.31980 of 2015