Common order dismissing writ petitions regarding license fees for erection of hoardings. The court observed petitioner non-compliance with Supreme Court directions to pay fees and ordered removal of the hoardings under rules.
Writ petitions dismissed. Respondents directed to remove hoardings under rules.
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.Nos.22347, 22348, 22350 & 22351 of 2023
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.Nos.22347, 22348, 22350 & 22351 of 2023 and W.M.P.Nos.21722 to 21729 of 2023
M/s.Ramani Enterprises,
Rep. By its Proprietor ... Petitioner in W.P. No.22347/2023 M/s.Digi Max, Rep. By Mrs.Revathi ... Petitioner in W.P. No.22348/2023 M/s.Venus Ads, Rep. By its Partner ... Petitioner in W.P. No.22350/2023 M/s.AD Effect, Rep. By its Proprietor ... Petitioner in W.P. No.22351/2023
-Vs-
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No.R.D.C.No.G4/002883/2023 issued by the third respondent and quash the same and direct the third respondent to take into account of the old rules and calculate the period after deducting Covid-19 Lockdown period while calculating the damages as per the direction in order dated 28.04.2023 in W.P.No.25220 of 2018 & batch.
In all writ petitions:
For Petitioners : Mr.R.Vijayakhumar 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 ******
C O M M O N O R D E R
(Order of the Court was made by J.NISHA BANU, J., and N.MALA, J.,)
Challenging the impugned proceedings issued by the Greater Chennai
Corporation in respect of demand notice/demanding remittance of
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rent/damage fee for erection of hoardings, the petitioners have filed the above Writ Petitions.
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.
4.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
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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.
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.
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:-
“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
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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. 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.
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.
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. ”
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pay the license fee and the cases were directed to be posted for compliance today. Today, when the matters are called, learned counsel for the petitioners have not reported compliance.
(J.N.B., J.) (N.M., J.) 14.09.2023
Index : Yes/No Speaking order/Non-speaking order sts
To:
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J.NISHA BANU, J., and N.MALA, J.,
sts
3.The Deputy Commissioner (R&F) Greater Chennai Corporation Ripon Buildings Chennai – 600 003.
Common Order made in W.P.Nos.22347, 22348, 22350 & 22351 of 2023
Dated: 14.09.2023
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M/s.Ramani Enterprises
M/s.Digi Max
M/s.Venus Ads
M/s.AD Effect
The Secretary to Government of Tamil Nadu, Municipal Administration Department
The Secretary to Government of Tamil Nadu, Law Department
J.NISHA BANU
N.MALA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
