Disposed

N.T.Bharath v. the District Collectior

Madras HC29 Aug 2018WP(MD)/7757/2018

Case brief

AI extract

What is this about?

The Madurai Bench held that unauthorized flex boards erected near the petitioner's commercial complex caused public inconvenience. The court directed the respondents to remove existing banners and instructed the police to prevent future erection without permission from the District Collector, relying on prior writ orders.

What did the court decide?

Directed respondents to remove banners and instructed police to ensure future erection requires District Collector's permission.

N.T.Bharath Vs the District Collectior — Public Procurement and Tenders | Madras HC (2018)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 29.08.2018

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CORAM :

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THE HONOURABLE MR.JUSTICE T.RAJA And THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY

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W.P(MD)No.7757 of 2018

N.T.Bharath

... Petitioner

vs.

The District Collector, Karur District, Karur.

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The Commissioner, Karur Municipality, Karur.

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The Superintendent of Police, Karur District, Karur.

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The Inspector of Police, Karur Town Police Station, Karur. ... Respondents

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Prayer: Petition filed under Article 226 of the Constitution of India, praying for the issuance of a writ of Mandamus directing the respondents to remove the Flex Boards and banners erected in front of petitioner's building at No.963, Aristo Hotel, near Karur Bus Stand, Kovai Road, Karur based on the petitioner's representation dated 12.03.2018 within a time frame stipulated by this Court.

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For Petitioner : Mr.S.Rajaprabhu

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For Respondents: Mr.V.R.Shanmuganathan

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Special Government Pleader for R1,3 & 4 Mr.D.Raghu for R2

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ORDER

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(Order of the Court was made by T.RAJA, J.)

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This writ petition has been filed seeking a Writ of Mandamus directing the respondents to remove the Flex Boards and banners erected in front of petitioner's building at No.963, Aristo Hotel, near Karur Bus Stand, Kovai Road, Karur, on the basis of the representation, dated 12.03.2018 submitted by the petitioner.

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https://hcservices.ecourts.gov.in/hcservices/

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2.It is pleaded by the learned counsel appearing for the

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petitioner that the petitioner being owner of a commercial complex near Karur bus stand roundana at No.963, Aristo Hotel, Koai Road, Karur with several shops therein, some persons, who are all members of various political parties, are erecting huge size flex boards and banners in front of his commercial complex and thereby causing huge inconvenience and hindrance to the shops and customers, who are visiting there.

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3.It is further submitted by the learned counsel appearing for the petitioner that in view of erection of flex boards and banners in front of the shops in question, general public are also put to great hardship, more particularly, to the movement of traffic. As these flex boards were all erected by very influential persons with the support of bigwigs in political parties, they are erected without any authorisation or license from the competent authorities violating the rules and regulations incorporated in Tamil Nadu Urban Local Bodies (Permission for Erection of Registered Banners and Placards) Rules, 2011 and City Municipal Corporation Act, 1919 etc and the guidelines issued by the Hon'ble Apex Court and also this Court, the respondents are duty bound to remove the flex boards and placards, which were erected in total violation of the Provisions of the above Act and Rules. As they have not done so, several representations through registered posts have been given to the respondents with a request to take necessary action and to remove the flex boards, which are unauthorisedly put up in front of the shops at No.963, Aristo Hotel, Koai Road, Karur. There is no response ultimately and hence, the petitioner is constrained to come to this Court seeking the aforementioned prayer.

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4.The learned counsel appearing for the petitioner has also submitted that on several occasions, although the respondents used to remove the flex boards, banners and placards put up in front of the petitioner's shops causing untoward miscarriage to the public and the petitioner and also their customers, within few days, if any banners or flex boards are erected in the same place and if any representation is made, the respondents are not even taking care of. The case of the petitioner is supported by the decision of this Court in PRIME WAY ADVERTISING v. COMMISSIONER, GREATER CHENNAI CORPORATION reported in 2018 (4) CTC 561 .

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5.In reply, Mr.V.R.Shanmuganathan, learned Special Government Pleader submitted that the prayer in the writ petition has become infructuous, since the placards, flex boards and banners allegedly erected in front of the petitioner's shops were already removed.

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6.Since this Court has already in similar circumstances has passed an order in W.P.No.18435 of 2018 dated 20.07.2018, wherein https://hcservices.ecourts.gov.in/hcservices/ it is held as follows:-

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“3.Everywhere parties, besides exhibiting their posters and banners in their own property, they are bent upon encroaching the public properties, especially roads and platforms to show their power by erecting flag posts and banners. This has to be stopped. The erection of flag posts, banners on the road, platforms, goes against public interest and causes many accidents. Apart from that, the pedestrians are finding it very difficult to use platforms as they have to negotiate the flag posts as well as the banners. Therefore, serious steps have to be taken by the authorities who are usually in deep slumber, to prevent erection of banners and flag posts in the public places. Hence, the respondents especially, 2^nd and 4^th respondents are directed to consider, pass orders and take appropriate action on the petitioner's representation dated 30.05.2018 on or before 29.07.2018.”

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7.Following the above said order, we also direct the Inspector of Police, Karur Town Police Station, Karur, the fourth respondent herein to ensure that in future any hoardings, placards, flex boards and banners are erected without proper permission from the District Collector, the first respondent herein, and failing to indicate the proof of license granted by the first respondent for erection of placards, flex boards and banners, the fourth respondent shall take all steps to remove the same forthwith. If for any reason, if any such placards, flex boards and banners are not removed and they are brought to the notice of the fourth respondent by the petitioner or others, he shall immediately act on the basis of the representation for removal of the unauthorised banners, failing which, if the petitioner approaches this Court, this Court may have to pass an order against the officers failing to take suitable action.

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7.With the above directions, this Writ Petition is disposed of. No costs.

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Assistant Registrar (Crl-SIDE)

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// True Copy //

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Sub Assistant Registrar(CS-IV)

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