M/S. Chennai Broad Casting v. The State Rep Bu

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.18812 of 2017 M/s.Chennai Broad Casting Corporation Having office at, No.65, Montieth Court, 1st Floor, Montieth Road, Egmore, Chennai-08, rep. by its Partner Habibullah Baigh.

.. Petitioner vs.

1.The State, rep. by The Secretary to Government, Municipal Administration Department, Secretariat, 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 respondents to grant hoarding licenses based on the petitioner's Application dated 24.12.2016. For Petitioner : Mr.M.Rajendiran 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 24.12.2016 to the second respondent before us i.e., Commissioner, Greater Chennai Corporation seeking licence for erection of an advertisement hoarding.

3. The prayer in the writ petition is for a mandamus to direct the respondents before us i.e., Secretary to Government, Municipal Administration, State of Tamil Nadu and Commissioner, Greater Chennai Corporation to grant hoarding licence based on the petitioner's application.

4. 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.

5. 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.

6. 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.

7. Learned standing counsel appearing on behalf of the second respondent submits that the application of the writ petitioner 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.

8. The above submission is recorded.

9. 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/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar bbr

To:

1.The Secretary to Government, Municipal Administration Department, Secretariat, Chennai - 600 009.

2.The Commissioner, Greater Chennai Corporation, Ripon Buildings, Chennai - 600 003.

+1 cc to M/s.M.Rajendran Advocate sr 56932 W.P.No.18812 of 2017 arv aa22/08