Ravi.A v. District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.11.2023 CORAM :
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE R.SAKTHIVEL and W.M.P.(MD) No.24056 of 2023 A.Ravi ... Petitioner vs.
1. The District Collector, Thoothukudi District, Thoothukudi - 628 101.
2. Superintendent of Police, Thoothukudi District, Thoothukudi - 628 101.
3. Assistant Divisional Engineer, Construction and Maintenance, State Highways - Tiruchendur Division, Tiruchendur - 628 215.
4. Executive Officer, Udangudi Selection Grade Town Panchayat, Udangudi - 628 203, Thoothukudi District.
5. Inspector of Police, Kulasekarapattinam Police Station, Kulasekarapattinam - 628 206, Thoothukudi District.
... Respondents Page No.1 of 7
Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents 4 and 5 to take effective steps regularly to prevent erection of Flex Boards, to remove all the unauthorized Flex Boards and initiate appropriate Criminal action against those put up unauthorized Flex Boards and collect fine within stipulated time.
For Petitioner : Mr.Sankar Shanmugham For Respondents : Mr.P.Thilak Kumar, Government Pleader for R1, R3 & R4 Mr.A.Thiruvadi Kumar Additional Public Prosecutor for R2 and R5
O R D E R
[Order of the Court was made by M.SUNDAR, J.] Captioned 'Writ Petition' (hereinafter 'WP' for the sake of brevity, convenience and clarity) has been filed in this Court on 22.11.2023 as 'Public Interest Litigation' [hereinafter 'PIL' for the sake of brevity]. 2.Mr.Sankar Shanmugham, learned counsel on record for WP petitioner submits that the captioned matter pertains to erection of hoardings. Learned counsel submits that hoardings have been erected Page No.2 of 7
without requisite licence. To be noted, learned counsel is concerned for hoardings in 'Udangudi Bazar Junction, Udangudi Bus stand Junction, Udangudi Sub Registrar Office Junction, Bus stand Road Pudumanai Junction and North Bazar - Megnanapuram Road Junction' (hereinafter 'said Junctions' for the sake of brevity, convenience and clarity) all in Thoothukudi District.
3.Issue notice.
4.Mr.P.Thilak Kumar, learned Government Pleader accepts notice for respondents 1, 3 and 4 and Mr.A.Thiruvadi Kumar, learned Additional Public Prosecutor accepts notice for respondents 2 and 5. 5.Learned Government Pleader, on instructions, submits that as regards the hoardings which were erected in said Junctions i.e., aforementioned five junctions, they have since been removed as the same were erected without licence.
6.In the narrative thus far, we deem it appropriate to drop the curtains of the captioned WP. Therefore, with the consent of both sides, main WP is taken up.
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7.Be that as it may, learned Government Pleader drew our attention to Section 117-L [captioned Regulation of erection of hoardings] of Tamil Nadu Urban Local Bodies Act, 1988 (hereinafter 'said Act' for the sake of brevity) and Rule 320 [captioned application for licence] of 'Tamil Nadu Urban Local Bodies Rules, 2023' (hereinafter 'said Rules' for the sake of brevity) and submitted that this section and provision under said Act and said Rules are applicable. However, learned counsel for WP petitioner drew our attention to Tamil Nadu Urban Local Bodies (Permission for Erection of Digital Banners and Placards) Rules, 2011. 8.
As the hoardings which form the subject matter of the complaint in the captioned WP have since been removed without delving further into the matter, it is suffice to say that the submission of learned Government Pleader that if there are any fresh applications qua aforementioned Junctions i.e., applications for licence for erection of hoardings, the same will be considered as per applicable Act and Rules is recorded. Though obvious, such applications shall be considered on its own merits and in accordance with law.
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9. Captioned main WP is disposed of. Consequently, captioned WMP is also disposed of as closed recording the stated position of parties. There shall be no order as to costs. (M.S., J.) (R.S.V., J.) 27.11.2023 Index : Yes/No PKN Page No.5 of 7
To
1. The District Collector, Thoothukudi District, Thoothukudi - 628 101.
2. Superintendent of Police, Thoothukudi District, Thoothukudi - 628 101.
3. Assistant Divisional Engineer, Construction and Maintenance, State Highways - Tiruchendur Division, Tiruchendur - 628 215.
4. Executive Officer, Udangudi Selection Grade Town Panchayat, Udangudi - 628 203, Thoothukudi District.
5. Inspector of Police, Kulasekarapattinam Police Station, Kulasekarapattinam - 628 206, Thoothukudi District.
6.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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M.SUNDAR, J.
and R.SAKTHIVEL, J.
PKN ORDER MADE IN 27.11.2023 Page No.7 of 7