M/S. India Media House v. The Commissioner
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.08.2025
CORAM
THE HON'BLE MR.JUSTICE C. SARAVANAN and W.M.P.(MD) Nos.17434 & 17436 of 2025 M/s.India Media House, Rep. by its Manager, M.Muhammed Javid Asrari, 1/1, Santhanam Nagar 3rd Street, Ponmeni Jai Nagar, Madurai - 625 016.
... Petitioner Vs.
1.The Commissioner, Corporation of Madurai, Madurai - 625 002.
2.The Project Officer, Corporation of Madurai, Madurai - 625 002.
... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus, calling for the records pursuant to the show cause notice issued by the second respondent through his proceedings MA THI E4/011754/2024 dated 08.2025 and demand notice in MA/THI/E4/011754/2024 dated 10.02.2025 issued by the second respondent and quashing the same and further directing the respondents to allow the petitioner to continue the advertisement board on Page No. 1 of 6
Periar Bus Stand following one year approval order given by the second respondent in his proceedings in MA THI E4/12042/2024 dated 06.12.2024.
For Petitioner : Mr.K.M.Mohammed Ali For Respondents : Mr.S.Vinayak Standing Counsel *****
O R D E R
The petitioner has challenged the impugned show cause notice dated 06.08.2025 issued by the second respondent pursuant to the demand notice dated 10.02.2025 issued under the provisions of the Tamil Nadu Urban Local Bodies Act, 1998 read with the Tamil Nadu Urban Local Bodies Rules, 2023.
2. It is the case of the petitioner that the second respondent by a proceedings dated 06.12.2024 bearing reference No.Ma.Thi.Ee. 4/12042/2024 had earlier asked the petitioner to pay a licence fee of Rs.3,55,430/-, which the petitioner voluntarily paid through demand drafts. However, the second respondent has now demanded a further sum of Rs.6,97,723/- towards rent and consequently has issued the impugned show cause notice dated 06.08.2025.
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3. The learned counsel for the petitioner would draw attention to Rule 340 of the Tamil Nadu Urban Local Bodies Rules, 2023. He would submit that Rule 340 of the aforesaid Rules merely contemplates the payment of a permission fee for grant of permission in respect of each digital banner or placard irrespective of its erection in a private or public place and that there is no scope for demanding any rental amount from the petitioner.
4. On the other hand, the learned Standing Counsel for the respondents would submit that pursuant to the order dated 06.12.2024 and on payment of the licence fee of Rs.3,55,430/-, further steps were required to be taken. It is submitted that consequent to the order dated 06.12.2024, the impugned decision has been taken on 10.02.2025 and the ground rent was fixed at 14% of the market value of the properties, in terms of Rule 328 read with Rule 333 of the Tamil Nadu Urban Local Bodies Rules, 2023.
5. That apart, the learned Standing Counsel for the respondents would submit that this Writ Petition has partly become infructuous, as the petitioner had voluntarily put up the advertisement boards, which were Page No. 3 of 6
subsequently removed since the petitioner failed to co-operate with the respondents.
6. Having considered the submissions of the learned counsel for the petitioner and the learned Standing Counsel for the respondents, I am of the view that the petitioner should file his reply to the the show cause notice dated 06.08.2025, issued pursuant to the demand notice dated 10.02.2025, within a period of two weeks from the date of receipt of a copy of this order.
7. The second respondent shall pass appropriate orders within a period of six weeks from the date of receipt of a copy of this order, subject to the petitioner filing a reply to the aforesaid show cause notice within the said period. Needless to state, before passing such orders, the petitioner shall be heard.
8. All the legal submissions can be made by the petitioner before the second respondent, who has issued the impugned show cause notice. The amount already paid by the petitioner shall be adjusted towards the demand, if any, that may be confirmed.
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9. Accordingly, this Writ Petition stands disposed of. No costs. Consequently, the connected Miscellaneous Petitions are closed. 18.08.2025 JEN Index : Yes / No Internet : Yes / No Speaking Order / Non-Speaking Order To 1.The Commissioner, Corporation of Madurai, Madurai - 625 002.
2.The Project Officer, Corporation of Madurai, Madurai - 625 002.
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C.SARAVANAN , J.
JEN 18.08.2025 Page No. 6 of 6