Vasantham Outdoor v. The Chief Engineer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.06.2017
CORAM:
THE HONOURABLE MR.JUSTICE A.SELVAM and THE HONOURABLE MR.JUSTICE N.AUTHINATHAN W.P(MD)Nos.24857 & 24858 of 2016 and W.M.P(MD)Nos.17970, 17971, 17973 & 17974 of 2016 1.W.P(MD)No.24857 of 2016:- Vasantham Outdoor Advertising Private Limited, Rep. By its Managing Director, R.Kumar .. Petitioner Vs.
Highways Construction and Maintenance, 4.The Commissioner, 5.The District Collector, Madurai District, .. Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order in Ka.No.100/2016/EVAAH dated 05.12.2016 on the file of respondent No.3 and quash the same as illegal and consequently direct the respondent No.4 to issue the license to the petitioner and consequently forbearing the respondents from removing the Centre median Advertisement Boards erected in the Madurai-Natham road (Ma.Sa.No.72) to an extent of 1185 meters without resorting to the procedure established in Rule 8 of the Tamil Nadu Urban Local Bodies Licensing of Hoardings and levy and collection of Advertisement Tax Rules, 2003.
For Petitioner : Mr.T.Lajapathi Roy For RR 1 to 3, 5 & 6 : Mr.M.Govindan, Special Government Pleader.
For R - 4 : Mr.R.Murali 2.W.P(MD)No.24858 of 2016:- J.D.S Advertisers, Rep. By its Proprietor, P.T.Saravanan .. Petitioner Vs.
Highways Department (C & M), 4.The District Collector, Collectorate, 5.The Commissioner,
O/o.The Commissioner of Police, .. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order in Ka.No.102/2016/EVAH dated 29.11.2016 on the file of respondent No.3 and quash the same as illegal and consequently forbearing the respondent Nos.1 and 2 from removing the Centre median Advertisement Boards erected in Madurai - Alagarkovil Melur Road (Goripalayam Thevar Statue to Thamukkam Ground) until the disposal of the petitioner's application dated 27.10.2016 to renew the license to the petitioner for centre median Advertisement Boards installed in Madurai Goripalayam Thevar Statute to Thamukkam within time frame stipulated by this Court. For Petitioner : Mr.T.Lajapathi Roy For RR 1 to 4 & 6 : Mr.M.Govindan, Special Government Pleader.
For R - 5 : Mr.R.Murali COMMON ORDER [Order of the Court was made by A.SELVAM, J.] These Writ Petitions have been filed under Article 226 of the Constitution of India praying to call for records relating to the orders dated 29.11.2016 and 05.12.2016 passed in Ka.No.102/2016/EVAH and Ka.No.100/2016/EVAAH by the third respondent and quash the same by way of issuing a Writ of Certiorarified Mandamus.
2.The learned counsel appearing for the petitioners has repeatedly contended to the effect that only in pursuance of the licence issued by the concerned District Collector, the petitioners have installed advertisement boards in Madurai - Alagarkovil Melur Road and also Madurai-Natham Road and after expiry of licence, the petitioners have sent proper application for renewing their licence and in the meanwhile, the third respondent even without following the relevant rules has issued the impugned notices whereby granted seven days time to remove the advertisement boards. Under the said circumstances, these Writ Petitions have been filed for getting the relief sought therein. 3.The learned Special Government Pleader appearing for the third respondent has contended to the effect that the period of
licence has already become expired. Under the said circumstances, the petitioners are virtually encroachers and therefore, the third respondent has rightly issued the impugned notices whereby granted seven days time. If really the petitioners are having any objection they would have submitted their explanation and therefore, the relief sought in the petitions cannot be granted. 4.On the basis of the rival submissions made on either side, the Court can easily deduce to the effect that only in pursuance of the licence granted by the concerned District Collector, the petitioners have erected advertisement boards in the medians of the road mentioned in the petitions. Further, it is learnt to the effect that the period of licence has already become expired.
Under the said circumstances, as rightly pointed out by the learned Special Government Pleader, the petitioners are nothing but encroachers. Since the petitioners are nothing but encroachers, the third respondent is the competent person to issue impugned notices. Further, in the impugned notices seven days time has been granted, but the petitioners have not availed the same and unnecessarily filed these Writ Petitions. 5.Considering the aforesaid factual circumstances and also considering the fact that virtually the petitioners are encroachers, the relief sought in both the Writ Petitions cannot be granted and altogether these Writ Petitions deserves to be dismissed.
6.In fine, these Writ Petitions are dismissed. No costs. Consequently, connected Miscellaneous Petitions are also dismissed.
Sd/- Assistant Registrar(Protocol) /True Copy/ Sub Assistant Registrar To
Highways Construction and Maintenance, 4.The Commissioner, 5.The District Collector, Madurai District, +1cc to Mr.T.Lajapathi Roy, Advocate in SR.No.58473 +1cc to Mr.R.Murali, Advocate in SR.No.58371 +1cc to Special Government Pleader in SR.No.58348 +1cc to Mr.T.Lajapathi Roy, Advocate in SR.No.58472 Ps AE/MR/SAR3/12.06.2017/5P/11C ORDER MADE IN W.P(MD)Nos.24857 & 24858 of 2016 02.06.2017