Madras High Court
Lakshmi vs The Superintendent Of Police on 5 November, 2015
Author: M.M.Sundresh
Bench: M.M.Sundresh
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 05.11.2015 CORAM THE HONOURABLE MR.JUSTICE M.M.SUNDRESH W.P.NO.20023 OF 2015 Lakshmi .. Petitioner Vs 1.The Superintendent of Police, Villupuram District. 2.The Inspector of Police, Tindivanam. 3.The Commissioner, Tindivanam Municipality .. Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Mandamus to direct the 1st and 2nd respondent to furnish the No Objection Certificate to the petitioner to put up the Digital Banner at seven places in Tindivanam Villupuram District, so as to produce before the 3rd repsondent. For Petitioner: Mr.B. Nagarajan For Respondents: Mrs. P. Rajalakshmi Government Advocate. Mr. R. Vijayakumar Additional Government Pleader for R3 ORDER
The petitioner has filed this Writ Petition praying to direct the 1st and 2nd respondent to furnish the No Objection Certificate to the petitioner to put up the Digital Banner at seven places in Tindivanam Villupuram District, so as to produce before the 3rd repsondent.
2. Heard the learned counsel for the petitioner and the learned Goverment Advocate appearing for Respondents 1 and 2 and the learned Additional Government Pleader appearing for R3.
3.To show the protest against the alleged high handedness of the police, the petitioner sought for permission to put up Digital Banners at seven places in Tindivanam, Villupuram District.
4.The Commissioner of Tindivanam Municipality has informed the petitioner by his procceedings dated 20.1.2015 that that such a request can be considered only after getting No Objection Certificate from the respondents. As the request made by the petitioner for issuance of No Objection Certificate has not been considered by the 1st and 2nd respondents, the Writ Petitioner is before this Court.
5. The learned Additional Government Pleader, upon the counter affidavit, submitted that through the proceedings dated 23.1.2015, the request made by the petitioner was rejected by the Deputy Superitendent of Police, Tindivanam on the ground of traffic congestion and law and order problem and therefore the petitioner's request cannot be considered.
6. Though the said order dated 23.1.2015 has not been challenged, considering the triviality of the case, this Court is not inclined to dismiss the Writ Petition on mere technicalities. What the petitioner wants is to show her protest in a democratic way. The Tamilnadu Local Bodies Rules 2001 provides for such a permission. When such a power to give No Objection Certificate lies with the police authorities, the same has to be considered objectively and not in a mechanical manner. If the petitioner sought for putting up Digital Banners at seven places, it is not, as if, all the seven places are not suitable for erection of Digital Banners. The concerned officer ought to have give permission for some places and in respect of objectionable places, permission could have been given to put up the Banners in such a way that they would not affect the traffic congestion. The alleged law and order problem is likely to have happened as a fall out of the traffic congestion which can be avoided by taking adequate measures . Further, there is no materials available on record to show that erection of Digital Banners would cause traffic congestion. The protest is also meant for a single day.
7. Therefore, for the reasons stated above, the 1st respondent is hereby directed to issue a No Objection Certificate to the petitioner in such of the places, where there cannot be any likelihood of traffic congession which certainly would not lead to a law and order problem. The No Objection Certificate can also indicate the manner in which, Banners will have to be errected. Such an order will have to be passed by the 1st respondent within a period of two weeks from the date of receipt of a copy of this order and after receipt of the same, the petitioner can approach the Commissioner, Tindivanam Municipality for seeking appropriate permission.
8. With the above direction, this Writ Petition is disposed of. No costs. Consequently, the connectted M.P.No.1 of 2015 is closed.
5.11.2015 Index:Yes/No Internet:Yes/No msr Note: Issue order copy on 6.11.2015 To
1. The Superintendent of Police, Villupuram District.
2. The Inspector of Police, Tindivanam.
3. The Commissioner, Tindivanam Municipality M.M.SUNDRESH, J.
msr W.P.NO.20023 OF 2015 5.11.2015