S.Jerlin Karol v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.01.2024 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY S.Jerlin Karol .. Petitioner vs 1.The Commissioner, Corporation of Coimbatore, Coimbatore-641 001 Tamil Nadu.
2.The Deputy Commissioner of Police (Traffic), ATT Colony, Gopalapuram, Coimbatore-641 044.
3.The Collector, Coimbatore District Collector Office, State Bank Road, Gopalapuram, Coimbatore-641 018.
4.The Chennai Silks, 958-972, Cross Cut Road, Opp. Lakshmi Complex, Ram Nagar, Coimbatore, Tamil Nadu -641 012.
5.Shri Kumaran Thanga Maligai, 180, 9th Cross Street, 180A, Cross Cut Road, Opp. Lakshmi Complex, Gandhipuram, Tamil Nadu-641 012.
..
Respondents Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents 1 to 3 to take necessary action to remove the over head outdoor T Pole advertisement boards kept all along the platform of the Cross Cut Road, Gandhipuram, Coimbatore as requested in the representation.
For the Petitioner : M/s.Meenakshi Sundaram For the Respondents : Mr.K.M.D.Muhilan Standing Counsel for respondent No.1 : Mr.R.Muniyapparaj Addl. Public Prosecutor assisted by Mr.M.Sylvester John for respondent No.2 : Mr.K.Karthik Jagannath Government Advocate for respondent No.3
ORDER
(Order of the court was made by the Hon'ble Chief Justice) We have heard M/s.Meenakshi Sundaram, learned counsel for the petitioner; Mr.K.M.D.Muhilan, learned Standing Counsel for the first respondent; Mr.R.Muniyapparaj, learned Additional Public Prosecutor, assisted by Mr.M.Sylvester John, learned counsel for the second respondent; and, Mr.K.Karthik Jagannath, learned Government Advocate for the third respondent.
2. Learned counsel for the petitioner, on instructions from the petitioner, submits that some of the T poles are removed.
3. A copy of licence issued to M/s.Space Mediaz and the letter communication of the Department of Municipal Administration and Water Supply addressed to the Commissioner, Coimbatore Corporation are produced by learned Additional Public Prosecutor in the form of typed-set of documents. On a perusal of the same, we find that licence has been granted to M/s.Space Mediaz for erection
of hoarding at Ward No.67-68, Gandhipuram Cross Cut Road, within the limits of Coimbatore Municipal Corporation with certain conditions.
4. It is submitted by learned Standing Counsel for the Coimbatore Corporation that, after inspection, show cause notices were issued on 15.12.2023 in respect of those 13 T poles, which were erected in the congested area, either to remove them or to relocate them, and further steps would be taken.
5. In the light of the above, the writ petition is disposed of. There shall be no order as to costs. Consequently, W.M.P.Nos.31908 and 31909 of 2023 are closed.
(S.V.G., CJ.) (D.B.C., J.) 03.01.2024 Index :
Yes/No Yes/No bbr
To 1.The Commissioner, Corporation of Coimbatore, Coimbatore-641 001 Tamil Nadu.
2.The Deputy Commissioner of Police (Traffic), ATT Colony, Gopalapuram, Coimbatore-641 044.
3.The Collector, Coimbatore District Collector Office, State Bank Road, Gopalapuram, Coimbatore-641 018.
THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY,J.
bbr 03.01.2024