N.Sivakumar v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.09.2023

CORAM

THE HONOURABLE Mrs. JUSTICE J.NISHA BANU AND THE HONOURABLE Mrs.JUSTICE N.MALA W.P.No.17105 of 2021 N.Sivakumar ... Petitioner vs

1. The District Collector, Vellore District, Vellore - 632 009.

2. The Commissioner, Corporation of Vellore, Vellore - 632 001 ..Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the entire records connected with the impugned order Na.Ka.C3/6166/2020 dated 07.04.2021 whereby the petitioner's application dated 18.11.2020 was rejected by the 1st respondent and quash the same and consequently direct the 1st respondent to consider the petitioner's application dated 18.11.2020 and issue licence to the petitioner to put up hoardings at the bus Shelter 1/4

(Traffic Sunshade) Opposite Raja Theatre, on national Highway NH No.234 in Vellore Town, within a time frame fixed by this Court. For Petitioner : Mr.S.Sathia Chandran For Respondents : Mr.P.Gurunathan, Additional Government Pleader for R1 Mr.Silambannan, Additional Advocate General assisted by Mrs.P.Shanthi for R2

O R D E R

(The Order of the Court was made by J.Nisha Banu,J.) This Writ Petition has been filed challenging order dated 07.04.2021 whereby the petitioner's application dated 18.11.2020 was rejected by the 1st respondent and consequently direct the 1st respondent to consider the petitioner's application dated 18.11.2020 and issue licence to the petitioner to put up hoardings at the bus Shelter (Traffic Sunshade) Opposite Raja Theatre, on national Highway NH No.234 in Vellore Town, within a time frame fixed by this Court.

2. When the matter is taken up for hearing today, the learned Additional Advocate General appearing for the Vellore Corporation would state that the shelter opposite to Raja Theatre mentioned by the petitioner is without any advertisement and this Court may be pleased to direct the 2/4

petitioner to submit a fresh application as per the latest G.O. issued in respect of hoardings.

3. Learned counsel for the petitioner would state that though the digital banner was removed, the metal frame is still there. The metal frame belongs to a private party who had installed the hoardings.

4. The learned Additional Advocate General would state that no permission was granted to anybody for advertisement in the shelter opposite to Raja Theatre mentioned by the petitioner and he would also state that if the metal frame belongs to any private party, the same will be removed.

5. The aforesaid statement made by the learned Additional Advocate General is recorded. The petitioner is permitted to give an application afresh to the 2nd respondent Corporation and the 2nd respondent Corporation is directed to dispose of the application on merits and in accordance with law within a period of eight weeks from the date of receipt of the application from the petitioner. Accordingly, the Writ Petition is disposed of. No costs. (J.N.B.,J.) (N.M.,J.) 15.09.2023 Index:Yes/No Speaking/Non-speaking order vsi 3/4

J.NISHA BANU,J.

and N.MALA,J.

vsi To

1. The District Collector, Vellore District, Vellore - 632 009.

2. The Commissioner, Corporation of Vellore, Vellore - 632 001 15.09.2023 4/4