Nk Ads v. The Secretary To Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.07.2023 CORAM :

THE HON'BLE MR. JUSTICE R. MAHADEVAN AND THE HON'BLE MR. JUSTICE V.LAKSHMINARAYANAN Review Application (Writ) Nos.97, 98, 99, 102, 105, 113 and 114 of 2023 & W.M.P.Nos.19785, 19796, 19810, 19896, 20674, 20678, 22137 and 22136 of 2023 Review Application No.97 of 2023 M/s.NK Ads, Rep. by its Proprietor, A.Nazurullah Khan, S/o.Abeed Khan, No.19-A, Sree Sakthi Medicals, 1st Avenue, Ashok Nagar, Chennai - 600 083.

1.The Secretary to Government of Tamil Nadu, 2.The Secretary to Government of Tamil Nadu, Law Department, 3.The Commissioner, Page 1/12

passed in W.P.No.22099 of 2021 (W.P.No.25220 of 2018 & etc., batch). : Mr.Naveenkumar Murthy For Mr.G.V.Mohan Kumar for R1 and R2 Assisted by Mrs.Aswini Devi for R3 * * * Review Application No.98 of 2023 M/s.Temple Ads, Represented by its Proprietor, Mr.V.Chandrasekar, S/o.Venkatachalam Sarma, No.22, Thomas Road, B-12, Srinandan Apartments, T.Nagar, Chennai - 600 017.

1.The State of Tami Nadu, Rep. by its Secretary to Government, Fort St. George, Secretariat, 2.The Commissioner, Page 2/12

passed in W.P.No.29731 of 2022 (W.P.No.25220 of 2018 & etc., batch). : Mr.Naveenkumar Murthy For Mr.G.V.Mohan Kumar for R1 Assisted by Mrs.Aswini Devi for R2 * * * Review Application No.99 of 2023 M/s.ARA Ads, Rep. by its Proprietor Harisha.N, W/o.Nazrullahkhan, No.19-A, Sree Sakthi Medicals, 1st Avenue, Ashok Nagar, Chennai - 600 083.

1.The Secretary to Government of Tamil Nadu, 2.The Secretary to Government of Tamil Nadu, Page 3/12

Law Department, 3.The Commissioner, passed in W.P.No.22094 of 2021 (W.P.No.25220 of 2018 & etc., batch). : Mr.Naveenkumar Murthy For Mr.G.V.Mohan Kumar for R1 and R2 Assisted by Mrs.Aswini Devi for R3 * * * Review Application No.102 of 2023 Rajini Rajasekaran, Prop. Eyes Media, 2nd Floor, New No.14, Old No.33, Elango Salai, Teynampet, Chennai - 600 018.

1.The Secretary to Government of Tamil Nadu, 2.The Law Secretary to Government of Tamil Nadu, Page 4/12

Law Department, 3.The Commissioner, passed in W.P.No.18812 of 2022 (W.P.No.25220 of 2018 & etc., batch). : Mr.Sharukumar S.I.

For L.Sivakumar for R1 and R2 Assisted by Mrs.Aswini Devi for R3 * * * Review Application No.105 of 2023 Outdoor Advertising Association Chennai Rep. by its Secretary, 34/60, South Usman Road, 3rd Floor, T.Nagar, Chennai - 600 017.

1.The Secretary to Government of Tamil Nadu, 2.The Commissioner, Page 5/12

3.The District Collector, Tiruvallur, Master Plan Complex, NH 205, Tiruvallur, Tamil Nadu 602 001.

4.The District Collector, Kancheepuram, First Floor, Collectorate, Kancheepuram - 631 501.

5.The District Collector, Chengalpet, Thaiyar Kulam, Kanchipuram - 631 501.

6.The Commissioner, Avadi Municipal Corporation, 391, New Military Road, Thirumalai Rajapuram, TNHB Mig V Block, Avadi - 600 071.

7.The Commissioner, Tambaram City Municipal Corporation, 28, Muthuranga Mudali Street, Tambaram West, Chennai - 600 045.

passed in W.P.No.8035 of 2022 (W.P.No.25220 of 2018 & etc., batch). : Mr.Sriram, senior counsel For M/s.A.S.Kailasam Associates for R1, R3, R4 and R5 Assisted by Mrs.Aswini Devi for R2, R6 and R7 * * * Review Application No.113 of 2023 Page 6/12

M/s.Sri Balaji Advertising, Represented by its Proprietrix, Mrs.Vasikala Devi S.

W/o.Suresh, No.32, 2nd Floor, Avvai Thiru Nagar, 5th Street, Chinmaya Nagar, Virugambakkam, Chennai - 600 092.

1.The State of Tamil Nadu, Rep. by its The Secretary to Government, 2.The Commissioner, passed in W.P.No.31701 of 2022 (W.P.No.25220 of 2018 & etc., batch). : Mr.Naveenkumar Murthy For Mr.G.V.Mohan Kumar for R1 Assisted by Mrs.Aswini Devi for R2 * * * Review Application No.114 of 2023 Page 7/12

S.K.Ganesh, Proprietor of Sree Ads, No.33, 1st Street, Thirunagar, Vadapalani, Chennai - 600 026.

1.The Secretary to Government of Tamil Nadu, 2.The Secretary to Government of Tamil Nadu, Law Department (Legislation), 3.The Commissioner, 4.The District Collector, Chengalpet, Thaiyarkulam, Kanchipuram - 651 501.

passed in W.P.No.6308 of 2022 (W.P.No.25220 of 2018 & etc., batch). : Mr.Naveenkumar Murthy For Mr.G.V.Mohan Kumar Page 8/12

for R1, R2 and R4 Assisted by Mrs.Aswini Devi for R3 COMMON ORDER (Order of the Court was made by V. LAKSHMINARAYANAN, J.) Heard both sides and perused the records.

2. All these Review Applications are filed to review the order dated 28.04.2023 passed by this court in W.P.No.25220 of 2018 etc. batch.

3. The learned counsel for the petitioners inter alia submitted that the operative portion of the order, which is sought to be reviewed herein, at paragraph no.11, the rent payable by the petitioner for erection of hoardings, has been wrongly mentioned in "square feet", instead of "square meter". It is also agreed by Mr.J.Ravindran, learned Additional Advocate General appearing for the respondent Corporation that the calculation is based on "square meter" and not on "square feet".

4. In view of the above submissions made on either side, this court clarifies Page 9/12

that the rent amount mentioned in paragraph no.11 of the order dated 28.04.2023, passed in the writ petitions, will have to be read, in terms of the "square meter" and not "square feet".

5. With respect to the date of erection and other clauses, which have been argued before us, it is left open to the authorities to decide the same and impose any condition that may be necessary for hoardings, which have been put up without obtaining permission.

6. With the aforesaid clarification and observation, all these review applications stand disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

[R.M.D, J.] [V.L.N, J.] 28.07.2023 r n s Index: Yes / No Speaking order/ Non-speaking order To 1.The Secretary to Government of Tamil Nadu, 2.The Secretary to Government of Tamil Nadu, Law Department, Fort St. George, Page 10/12

3.The Commissioner, Ripon Buildings, Chennai - 600 003.

4.The District Collector, Tiruvallur, Master Plan Complex, NH 205, Tiruvallur, Tamil Nadu 602 001.

5.The District Collector, Kancheepuram, First Floor, Collectorate, Kancheepuram - 631 501.

6.The District Collector, Chengalpet, Thaiyar Kulam, Kanchipuram - 631 501.

7.The Commissioner, Avadi Municipal Corporation, 391, New Military Road, Thirumalai Rajapuram, TNHB Mig V Block, Avadi - 600 071.

8.The Commissioner, Tambaram City Municipal Corporation, 28, Muthuranga Mudali Street, Tambaram West, Chennai - 600 045.

9.The District Collector, Chengalpet, Thaiyarkulam, Kanchipuram - 651 501.

R. MAHADEVAN, J.

Page 11/12

and V.LAKSHMINARAYANAN, J.

r n s Review Application (Writ) Nos.97, 98, 99, 102, 105, 113 and 114 of 2023 & W.M.P.Nos.19785, 19796, 19810, 19896, 20674, 20678, 22137 and 22136 of 2023 28.07.2023 Page 12/12