S.S.Advertising v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.11.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN and W.M.P.(MD) No.23566 of 2023 S.S.Advertising, No.3/1, Ramasamy Colony, Nagal Nagar, Dindigul - 3, Represented by its Proprietor, A.Sesu Amalraj ... Petitioner Vs.

1.The State of Tamil Nadu, Rep. by its Secretary to Government, Municipal Administration and Water Supply Department, St. Fort George, Chennai.

2.The Commissioner of Municipal Administration, Ezhilagam Annex, 6th Floor, Kamarajar Salai, Chepauk, Chennai - 600 005.

3.The District Collector, 1/4

4.The Commissioner, Dindigul Corporation,

...Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, to forbear the 3rd and 4th Respondents from removing the Advertisement Boards and Hoardings erected in their jurisdictional areas by the Petitioner pending adjudication of application filed by the petitioner on 09.08.2023 for license to erect Hoardings as per the G.O.Ms.No. 44 of Municipal Administrative and Water Administration (Election) Department dated 12.04.2023 within a time frame to be stipulated by this Court. For Petitioner : Mr.N.Sankar Ganesh For Respondents : Mr.D.Lingadurai, Special Government Pleader for R1 to R3

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The Writ of Mandamus has been instituted to forbear the respondents 3 and 4 from removing the Advertisement Boards and Hoardings erected in their jurisdictional areas by the petitioner pending adjudication of application filed by the petitioner on 09.08.2023 for licence to erect Hoardings as per the G.O.Ms.No. 44 of Municipal Administrative and Water Administration (Election) Department dated 12.04.2023 within a time frame.

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2. Admittedly, the licence granted in favour of the petitioner was valid till 24.11.2019. Learned counsel for the petitioner states that an application for renewal has already been filed before the Commissioner, Dindigul Corporation, who in turn is yet to take a decision.

3. The facts remain that the Hoardings are displayed without any licence as of now. That being the factum, the Commissioner / 4th respondent is directed to consider the application, if any, filed by the petitioner and take a appropriate decision within a period of four weeks from the date of receipt of a copy of this order.

4. Accordingly, the Writ Petition stands disposed of. No costs. Consequently, connected Writ Miscellaneous Petition is closed. (S.M.S., J.) & (V.L.N., J.) 20.11.2023 NCC : Yes / No Index : Yes / No SJ 3/4

S.M.SUBRAMANIAM, J.

AND V.LAKSHMINARAYANAN, J.

SJ To 1.The Secretary to Government, Municipal Administration and Water Supply Department, State of Tamil Nadu, St. Fort George, Chennai.

2.The Commissioner of Municipal Administration, Ezhilagam Annex, 6th Floor, Kamarajar Salai, Chepauk, Chennai - 600 005.

3.The District Collector, 20.11.2023 4/4