Digi Max v. The State Of Tamil Nadu

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.26047 of 2023 and W.M.P.No.25468 of 2023 DIGI MAX, rep. by its Authorised Signatory, Mrs.K.REvathi, Door No.3, Ramanathan Street, Ayanavaram, Chennai - 600 023.

... Petitioner vs

1. The State of Tamil Nadu, rep. by its Secretary to Government, Municipal Administration Department, fort St.George, secretariat, Chennai - 600 009.

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

3. The City Revenue Officer, Greater Chennai Corporation, Rippon Buildings, Chennai - 600 003.

..Respondents 1/4

Prayer:

Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order dated 07.08.2023 passed by the 3rd respondent and quash the same and consequently direct the respondent herein their men, servants or agents or anyone claiming under them from in any manner interfering with the business of the petitioner in permitting hoarding and from dismantling the existing hoardings.

For Petitioner : Mr.Vijayan Subramanian For Respondents : Mr.E.Vijayanand, Additional Government Pleader for R1 Mr.K.Aswinidevi, Standing Counsel for R2 & R3

O R D E R

(The Order of the Court was made by J.Nisha Banu,J.) This writ petition has been filed challenging the order dated 07.08.2023 passed by the 3rd respondent and quash the same and consequently direct the respondent herein, their men, servants or agents or anyone claiming under them from in any manner interfering with the business of the petitioner in permitting hoarding and from dismantling the 2/4

existing hoardings

2. Today, when the matter is taken up for hearing, learned counsel for the petitioner seeks permission to withdraw the writ petition. However, as regards payment of rent/damage fees for erection of illegal hoardings is concerned, already directions were given by the Hon'ble Supreme Court in SLP(C).Nos.17204 of 2023 etc. batch. by order dated 14.08.2023, directing the authorities to remove the hoardings as per the rules if the fees is not paid and based on the order passed by the Hon'ble Supreme Court, several writ petitions have been dismissed by this Court. Therefore, we are not inclined to permit the petitioner to withdraw the writ petition. The Writ Petition stands dismissed with a direction to the respondents to remove the hoardings erected by the petitioner as per Rules. No costs. Consequently, connected miscellaneous petition is closed.

(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 State of Tamil Nadu, rep. by its Secretary to Government, Municipal Administration Department, fort St.George, secretariat, Chennai - 600 009.

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

3. The City Revenue Officer, Greater Chennai Corporation, Rippon Buildings, Chennai - 600 003.

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