Disposed

M/S.S G Enterprises, v. the Secretary to Government of Tamil Nadu

Madras HC11 Sept 2023WP/21842/2023

Case brief

AI extract

What is this about?

This common order dismisses a batch of writ petitions filed by M/s S G Enterprises challenging demarcation of damages. The High Court disposed of the petitions recording that the petitioners complied with the Supreme Court order directing payment of license fees from December 2022. Consequently, no further consideration was needed as remedies regarding arrears lie with the Competent Authority.

What did the court decide?

No costs; connected miscellaneous petitions closed. Writ petitions disposed of as the parties are directed to avail remedies against the Competent Authority's determination.

M/S.S G Enterprises, Vs the Secretary to… — Civil Procedure and Limitation | Madras HC (2023)

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W.P.Nos.21842 of 2023 etc., batch

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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 11.09.2023

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CORAM

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THE HON'BLE MRS. JUSTICE J.NISHA BANU and THE HON'BLE MRS. JUSTICE N.MALA

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W.P.Nos.21842, 21846, 21847, 21850, 20003,20008,20090, 22044, 22049, 20088, 20250, 20253, 20254,20265, 20269, 20276 , 20270, 20306, 20310, 20427, 20429, 20431, 20776, 20780, 20950, 20954, 20957, 20960, 21079, 21086, 21084, 21087, 21089, 21106, 21088, 21093, 21090,20195, 21098, 21103, 21138, 21144, 21162, 21166, 21168, 21344, 21348, 21347, 22804, 22809, 23011, 23016 and 20280 of 2023

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and

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W.M.P.Nos.21165, 21168, 21170, 21171,21173, 21174, 21177, 21178, 19359, 19362,19367, 19368, 19430, 19431, 21419, 21420, 21428, 21429, 19427, 19428, 19578 to 19583, 19598, 19599, 19605, 19608, 19617, 19619,19606, 19609, 19623, 19624, 19666, 19667, 19671, 19675, 19816, 19817, 19812, 19815, 19818, 19819, 20150, 20151, 20154,20155, 20323, 20325, 20326, 20328, 20334, 20335, 20338, 20339,

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20462, 20464, 20473, 20476, 20471, 20472, 20475, 20478, 20479, 20480, 20505, 20506, 20474, 20477, 20485, 20486, 20481, 20482, 20488, 20490, 20492, 20494, 20501, 20503, 20530, 20531, 20538, 20540, 20561, 20562, 20568, 20569, 20571, 20572, 20743, 20744, 20751, 20752, 20749, 20750, 22261, 22263, 22267, 22269, 22510, 22513, 22524 and 22527 of 2023

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https://www.mhc.tn.gov.in/judis

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W.P.Nos.21842 of 2023 etc., batch

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W.P.No.21842 of 2023:

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M/s S G Enterprises Represented by its Proprietor Mr.Shankar Ganesh

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... Petitioner

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-Vs-

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1.The Secretary to Govt. of Tamil Nadu Municipal Administration Department Fort St.George Chennai – 600 009.

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2.The Secretary to Govt. of Tamil Nadu Law Department Fort St.George Chennai – 600 009.

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3.The Deputy Commissioner (R&F) Greater Chennai Corporation Ripon Buildings Chennai – 600 003. ... Respondents

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Prayer in W.P.21842 of 2023: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records of proceedings dated 14.06.2023 bearing reference No.R.D.C.No.G4/002883/2023 issued by the 3^rd respondent and quash the same and direct the 3^rd respondent to take into account of the old rules and deduct Covid-19 lockdown period while calculating the damages as per order dated 28.04.2023 in W.P.No.25220 of 2018 & batch.

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https://www.mhc.tn.gov.in/judis

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W.P.Nos.21842 of 2023 etc., batch

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Writ Petition Nos.	Counsel for petitioner (s)	Counsel for respondent(s)
W.P.Nos.21166, 21168 and 21162 of 2023	Mr.Naveen Kumar Murthy for Mr.M.Maha Mani
W.P.Nos.20003, 20008, 20090, 21842,
21846, 21847, 21850,
21098, 20088, 22804,
22809, 21138, 21144,
21088, 21093, 21090,		MJRid AAG
21095, 21344, 21347,	Mr.A.K.Sriram,	r..avnran, itd b
21348, 20250, 20253, 20254, 20270, 20280,	for A.S.Kailasam and Associates	assse y Mr.A.Selvendran, Spl.GP and
21079, 21086, 21084, 20265, 20269, 20276,		Mr.E.Vijay Anand, AGP for RR1 & 2
21087, 21089, 21106, 20427, 20429, 20431, 20780, 20776, 20306,		Mrs.K.Aswini Devi, SC for R3
20310, 20950, 20954, 20957 and 20960 of 2023
W.P.Nos.23011 and 23016 of 2023	Mr.S.Gopinath
W.P.Nos.22044 and 22049 of 2023	Mr.R.Vijayakumar
W.P.No.21103 of 2023	Mr.S.I.Sharukumar

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COMMON ORDER

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(Order of the Court was made by J.NISHA BANU, J., and N.MALA, J.,)

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Challenging the impugned proceedings issued by the Greater Chennai

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Corporation in respect of demand notice/demanding remittance of rent/damage fee for erection of hoardings, the petitioners have filed the above

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Writ Petitions.

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https://www.mhc.tn.gov.in/judis

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W.P.Nos.21842 of 2023 etc., batch

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2.The facts involved in all the Writ Petitions are one and the

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same and relates to removal of Hoardings erected by the petitioners and hence, disposed of by this common order.

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3.The Commissioner, Greater Chennai Corporation (hereinafter

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referred to as “GCC”) is the authority to grant permission for erection of 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.

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4.This court, on 26.07.2023, found that there is no infirmity in the impugned order passed by the 3^rd respondent holding that the petitioners had not declared the date of erection of the illegal hoardings and therefore, the 3^rd 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

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https://www.mhc.tn.gov.in/judis

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W.P.Nos.21842 of 2023 etc., batch

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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.

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5.Aggrieved by the final order passed by this court dated 28.04.2023, 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 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 and the relevant paragraph is given below:-

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“In the meanwhile, having perused the Orders dated 07.07.2023 and 28.04.2023 as also taking note of the grievance of the petitioners herein with regard to the computation of the three year term for the purpose of payment of license fee, for the present, we direct that the respondents herein, shall permit the petitioners to continue with advertising through the hoarding authorised subject to the petitioners paying the license fee at Rs.3,000/- per square meter with effect from December, 2022 till date and continue to pay the same until further consideration is made

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https://www.mhc.tn.gov.in/judis

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W.P.Nos.21842 of 2023 etc., batch

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by the authorities/High Court.

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The period of three years to be computed, in any event, is to be determined ultimately by the authorities/High Court.

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This order shall enure to the benefit of the petitioner subject to the payment being made within two weeks from this day.”

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6.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:-

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“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.

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https://www.mhc.tn.gov.in/judis

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W.P.Nos.21842 of 2023 etc., batch

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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. 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.

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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.

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https://www.mhc.tn.gov.in/judis

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W.P.Nos.21842 of 2023 etc., batch

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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 hoardings shall continue until the decision is taken by the Competent Authority or by the forum concerned.

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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.

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In terms of the above, these petitions stand disposed of. ”

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7.In the light of above settled position on the subject matter, it is represented by the learned counsel appearing for the petitioners that in all the above Writ Petitions, the petitioners have paid the rent / damage fees, based upon the directions of the Hon'ble Supreme Court.

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W.P.Nos.21842 of 2023 etc., batch

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8.Recording the same, the above Writ Petitions are closed. No

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costs. Consequently connected miscellaneous petitions are closed.

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(J.N.B., J.) (N.M., J.) 11.09.2023

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JerNvsri Index : Yes/No Speaking order/Non-speaking order

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1.The Secretary to Govt. of Tamil Nadu Municipal Administration Department Fort St.George Chennai – 600 009.

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2.The Secretary to Govt. of Tamil Nadu Law Department Fort St.George Chennai – 600 009.

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3.The Deputy Commissioner (R&F) Greater Chennai Corporation Ripon Buildings Chennai – 600 003.

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https://www.mhc.tn.gov.in/judis

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W.P.Nos.21842 of 2023 etc., batch

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J.NISHA BANU, J., and N.MALA, J., Jer

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W.P.Nos.21842 of 2023 etc., batch

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11.09.2023

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M/S.S G Enterprises, v. the Secretary to Government of Tamil Nadu

Case brief

What is this about?

What did the court decide?

M/S.S G Enterprises, v. the Secretary to Government of Tamil Nadu

Case brief

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