The petitioner challenged a fee demand for illegal hoardings. After the Supreme Court permitted continuation of hoardings upon payment of license fees but the petitioner failed to pay within the stipulated time, the High Court dismissed the petition and directed removal of the hoardings.
Writ petition dismissed; respondents directed to remove the hoardings.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.No.13476 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.09.2023
CORAM
THE HON'BLE MRS. JUSTICE J.NISHA BANU and THE HON'BLE MRS. JUSTICE N.MALA
W.P.No.13476 of 2019
and W.M.P.No.13583 of 2019
S.S.Ads, Rep. By its Proprietor Y.Sikkandar ... Petitioner
-Vs-
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to consider and pass orders on the application dated 25.05.2018 made by the petitioner for granting
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W.P.No.13476 of 2019
Hoarding License to erect hoarding at No.1, Ekambara Naicker Industrial Estate, Valasarawalkam, Chennai 600 116 by in the light of the order passed in W.P.(MD) Nos.18345, 16346, 18353 and 18366 of 2018 dated 10.12.2018 within the period to be stipulated by this Court.
For Petitioner : Mr.R.Vijayakumar For RR 1 & 2 : Mr.J.Ravindran, AAG Assisted by Mr.A.Selvendran, Spl. Government Pleader & Mr.E.Vijay Anand, Addl. Government Pleader
For R-3 : Mrs.K.Aswini Devi, Standing Counsel
O R D E R
(Order of the Court was made by J.NISHA BANU, J., and N.MALA, J.,)
Challenging the impugned proceeding issued by the Greater Chennai Corporation in respect of demand notice/demanding remittance of
rent/damage fee for erection of hoardings, the petitioner has filed the above Writ Petition.
referred to as “GCC”) is the authority to grant permission for erection of
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W.P.No.13476 of 2019
Hoarding within the Greater Chennai Corporation limit. As per the Rules, a person who intends to erect a Hoarding must submit an application as per the forms prescribed in the Rules enclosing the required documents including No Objection Certificate from the Traffic Police and a certificate with regard to structural strength of such Hoardings.
3.This Court, on 26.07.2023, found that there is no infirmity in the impugned order passed by the 3rd respondent holding that the petitioners had not declared the date of erection of the illegal hoardings and therefore, the 3rd respondent assessed the rent for one license period i.e., for 3 years. Further, this Court, as an interim measure directed the petitioners to pay the rent/damage fees for one license period as per the rate fiexed by this court in the Order dated 28.04.2023 but in square meters, within a period of two weeks.
some of the petitioners filed Special Leave to Appeal (C)Nos. 17284 of 2023 and SLP (C)Nos.17226 – 17232 of 2023 before the Hon'ble Supreme Court
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W.P.No.13476 of 2019
and the Supreme Court, by order dated 08.08.2023 fixed the license fee for erecting the hoardings at Rs.3,000/- per square meter with effect from December, 2022 till date.
5.Subsequently, when SLP(C).Nos.17204 of 2023 etc batch was
taken up on 14.08.2023, the Hon'ble Supreme Court, held as follows:-
“Though the petitioners are assailing the orders impugned herein, the detailed consideration of the same need not be made herein, since this Court in analogous petitions in SLP (C) No. 17204 of 2023 had taken note of the contentions and had permitted the petitioners-therein who are similarly placed as that of the petitioners-herein to pay the amount due and payable from December, 2022 onwards and seek consideration of their right to continue and determination of actual arrears. In that light, the petitioners are permitted to continue to hold on to the advertisement hoardings.
In that view of the matter, the petitionersherein are also permitted to pay the license fee from December 2022 onwards within a period of two weeks.
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In addition, they shall furnish all the documents to the Competent Authority to determine the period from which each of the petitioners have been existing and carrying on their advertisement hoardings. Such documents be filed within two weeks. The Competent Authority shall consider the same and determine the date of erection of the hoardings and pass the appropriate orders thereto. Such exercise shall be completed by the Competent Authority within four weeks from the expiry of the two weeks provided to the petitioners to furnish the documents, after providing opportunity of hearing to the petitioners, by the Competent Authority.
Needless to mention that any recovery of the license fee earlier to December, 2022 will depend on the consideration made by the Competent Authority and the consideration of the correctness of the said order if the petitioners are aggrieved and if they avail their appropriate remedies in accordance with law. In that regard, the contentions are left open.
It is, therefore, made clear that if the amount calculated from December, 2022, is paid by the petitioners within two weeks from this day, the existing
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W.P.No.13476 of 2019
hoardings shall continue until the decision is taken by the Competent Authority or by the forum concerned.
Keeping in view this order, we feel that the writ petitions which are pending before the High Court would not arise for further consideration since the parties, if aggrieved, can avail their remedies against the fresh cause of action based on the determination to be made by the Competent Authority.
In terms of the above, these petitions stand disposed of. ”
the license fee and the case was directed to be posted for compliance today. Today, when the matter is called, learned counsel for the petitioner has not reported compliance.
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respondents are directed to remove the hoardings as per Rules. No costs.
Consequently, connected miscellaneous petition is closed.
(J.N.B., J.) (N.M., J.) 14.09.2023
Index : Yes/No Speaking order/Non-speaking order sts
To:
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W.P.No.13476 of 2019
J.NISHA BANU, J., and N.MALA, J., sts
Order made in W.P.No.13476 of 2019
Dated: 14.09.2023
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3 issues framed by the court
Whether the writ petition challenging the demand notice for remediation of illegal hoarding fees should be allowed given the Supreme Court's recent order permitting continuation of hoardings upon fee
Whether the petitioner's failure to comply with the High Court's interim direction to pay license fees amounts to non-performance warranting dismissal of the petition.
Whether the respondents are entitled to an order for removal of hoardings in the absence of petitioners' compliance with fee payment.
Colour shows how this judgement treated each authority
2 provisions across 2 enactments
S.S.Ads
The District Collector, O/o District Collectorate, Thiruvallur District
The Commissioner, Corporation of Chennai
The Zonal Officer, Zone XI, Valasaravakkam
J.Nisha Banu
N.Mala
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
