Kathir Arts Fabrication v. The Commissioner
2025:MHC:355
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.02.2025 CORAM :
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HON'BLE MR.JUSTICE K.RAJASEKAR KATHIR ARTS FABRICATION No.18, Dharga, Sipcot-1, Industrial Complex Hosur 635 126, Krishnagiri District represented by its Proprietor Mr.K.Krishnamoorthy ..
Petitioner in WP.27607 / 2024 ADD 5 VISION No.32, Muthma Nagar Vellore 632 001 represented by its Proprietor Mr.Thiyagarajan A.P.
..
Petitioner in WP.30609 / 2024 v.
The Commissioner Hosur Municipal Corporation Hosur, Krishnagiri District ..
Respondent in both W.P's W.P.No.27607 of 2024 is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the impugned show cause notice issued by the respondent in Na.Ka.No.6365/2019 dated 30.08.2024 and quash the same
and direct the respondent to forbear from interfering with the Hoarding erected by the petitioner at Sunnambu Jeebi, Hosur till the expiry of the license issued to the petitioner in License No.02/2024 dated 06.03.2024. W.P.No.30609 of 2024 is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the impugned show cause notice issued by the respondent in Na.Ka.No.6365/2019/F1 dated 28.08.2024 and quash the same and direct the respondent to forbear from interfering with the Hoarding erected by the petitioner at (i) Maruthi Nagar II Street, Krishnagiri Main Road, Hosur, (ii) No.35, G.R.Complex, Sitaram Nagar, Old Bus Stand, Hosur, (iii) NH-7, KCCB Building, Bypass Road, Hosur. For Petitioners ::
Mr.R.Vijayakumar For Respondent ::
Mr.T.Balaji Standing Counsel COMMON ORDER (Order of the Court was made by S.M.SUBRAMANIAM,J.) The show cause notices issued under Rule 330 of the Tamil Nadu Urban Local Bodies Rules, 2023 are under challenge in the present writ proceedings.
2. No writ against a show cause notice is entertainable in a routine manner. A writ petition against show cause notice is entertainable only if
such notice has been issued by an incompetent authority having no jurisdiction or the allegation of mala fides are raised. Even in case of raising of allegation of mala fides, the authority against whom such allegation is made, must be impleaded as party respondent in his personal capacity in the writ proceedings. In all other circumstances, persons who received notice(s) must defend their case by submitting explanation(s) along with the documents, if any, by allowing the competent authority to take a final decision.
3. In the present cases, the petitioners would submit that necessary permission was granted by the municipal authorities. Therefore, the show cause notices are invalid.
4. The learned Standing Counsel for the Corporation would submit that though permission was granted to install the hoardings, the petitioners violated the conditions stipulated in the licence(s). Therefore, the authorities are empowered to remove the hoardings by issuing show cause notice(s).
5. In view of the above submission, the petitioners are at liberty to submit their explanation to establish that they have not violated any of the rules or conditions stipulated in the licence(s), within a period of seven days from today. On receipt of any such explanation from the petitioners, the respondent shall consider the same with reference to the rules and the licence conditions and pass final orders within a period of ten days from the date of expiry of seven days. If the hoardings are found to be violative of the rules or the licence conditions, then the authorities shall remove the hoardings forthwith. With these observations, both the writ petitions are disposed of. Consequently, W.M.P.Nos.30126, 30127 & 33214 of 2024 are closed. No order as to costs.
Index : yes (S.M.S.,J.) (K.R.S.,J.) 06.02.2025 ss To
1. The Commissioner Hosur Municipal Corporation Hosur Krishnagiri District
S.M.SUBRAMANIAM,J.
AND K.RAJASEKAR,J.
ss 06.02.2025