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Madras High CourtWP/32313/2015withdrawn dismissed

Dr.K.R.Ramaswamy @ Traffic v. State Rep. By Secretary To

2015-10-12Honourable The Chief Justice,Honourable Mr Justice T. S. Sivagnanam3 pages

In the High Court of Judicature at Madras Dated: 12.10.2015 Coram:

The Honourable Mr. SANJAY KISHAN KAUL, Chief Justice and The Honourable Mr. Justice T.S.SIVAGNANAM Writ Petition No. 32313 of 2015 Dr. K.R. Ramaswamy @ Traffic Ramaswamy .. Petitioner vs.

1. State, rep. by Secretary to Government Law Department, Fort St. George Chennai - 600 009.

2. The Chairperson Monitoring Committee (Regulating Erection of Digital Banners/ Hoardings/Placards in the State) No.AA 67, 2nd St., Santhi Colony Anna Nagar, Chennai-40.

3. The Home Secretary to Government of Tamil Nadu, Department of Home Affairs, Fort St. George, Chennai-9.

4. The Secretary Department of Municipal Administration Fort St. George, Chennai-600009.

5. The Director General of Police DGP Office, Kamarajar Salai Mylapore, Chennai-600004.

6. The Commissioner of Police Chennai City, Vepery Chennai-600 007.

.. Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Declaration, declaring that the Act No.

2 of 2011, namely Tamil Nadu Municipal Laws (Amendment) Act, 2011, introducing various Sections pertaining to erection of Hoardings, Digital Banners and Placards into the Chennai City Municipal Corporation Act, 1919, (Sections 326-A, 326-BB, 326-E, 326-H, 326-I and 326-J); the Madurai City Corporation Act 1971, (Sections 410-A, 410-BB, 410-E, 410-G, 410-H, 410-I and 410-J), the Coimbatore City Municipal Corporation Act, 1981 (Sections 410-A, 410-BB, 410-E, 410G, 410-H, 410-I and 410-J) and Tamil Nadu District Municipalities Act, 1920 (Sections 285-A, 285-BB, 285-E, 285-G, 285-H, 285-I and 285-J) as illegal, unconstitutional and ultra vires to the Constitution of India and direct a total ban of Hoardings, Digital Banners and Placards of any nature in the whole of Tamil Nadu. For Petitioner : Party-in-person For Respondents : Mr. V.R.

Kamalanathan Addl. Govt. Pleader, assisted by Mr. V. Shanmughasundar Government Advocate for R1 & 3 to 6 Mr. K. Soundararajan Standing Counsel for R2.

O R D E R

(Made by The Hon'ble The Chief Justice) The petitioner appearing in person, after some arguments, appreciates that in view of the challenge being laid to the statutory provisions, the petition would have to be properly structured and states that Mr.R.Gandhi, Senior Advocate, who is present in Court, would assist him to formulate a proper petition.

2. Thus, the petition stands dismissed as withdrawn with liberty to file a fresh petition. No costs.

ATR Sd/- Assistant Registrar (CS) /True Copy/ Sub-Assistant Registrar

Copies to;

1. The Secretary to Government Law Department, Fort St. George Chennai - 600 009.

2. The Chairperson Monitoring Committee (Regulating Erection of Digital Banners/ Hoardings/Placards in the State) No.AA 67, 2nd St., Santhi Colony Anna Nagar, Chennai-40.

3. The Home Secretary to Government of Tamil Nadu, Department of Home Affairs, Fort St. George, Chennai-9.

4. The Secretary Department of Municipal Administration Fort St. George, Chennai-600009.

5. The Director General of Police DGP Office, Kamarajar Salai Mylapore, Chennai-600004.

6. The Commissioner of Police Chennai City, Vepery Chennai-600 007.

+1 C.C. To Government Pleader in SR.NO.56024 of 2015 W.P.No.32313 of 2015 AK(CO) sd : 20/10/2015