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Supreme Court - Daily Orders

In Defence Of Environment And Animals ... vs The State Of Tamil Nadu Rep. By Its ... on 25 March, 2019

Bench: Chief Justice, Deepak Gupta

                                                        1

     ITEM NO.52                               COURT NO.1                   SECTION XII

                                   S U P R E M E C O U R T O F       I N D I A
                                           RECORD OF PROCEEDINGS

     Petition(s) for Special Leave to Appeal (C)                    No(s).    1452/2019

     (Arising out of impugned final judgment and order dated 03-03-2017
     in WP No. 7304/2006 passed by the High Court Of Judicature At
     Madras)

     IN DEFENCE OF ENVIRONMENT AND ANIMALS
     (IDEA) A PUBLIC CHARITABLE TRUST
     REP. BY ITS MANAGING TRUSTEE                                             Petitioner(s)

                                                       VERSUS

     THE STATE OF TAMIL NADU
     REP. BY ITS SECRETARY DEPARTMENT OF FORESTS & ORS.                       Respondent(s)

     (FOR ADMISSION and I.R.)

     Date : 25-03-2019 This petition was called on for hearing today.

     CORAM :
                             HON'BLE THE CHIEF JUSTICE
                             HON'BLE MR. JUSTICE DEEPAK GUPTA

     For Petitioner(s)                  Mr. Elephant G. Rajendran (In-person)

     For Respondent(s)                 Mr.   V.   Giri, Sr. Adv.
                                       Mr.   M.   Yogesh Kanna, AOR
                                       Mr.   S.   Partha Sarathi, Adv.
                                       Mr.   S.   Raja Rajeshwaran, Adv.

     ECI                               Mr. Amit Sharma, AOR
                                       Mr. Dipesh Sinha, Adv.
                                       Ms. Ayiala Imti, Adv.

                                       Mr. Amit Verma, Adv.
                                       Mr. G.S. Makker, AOR


                              UPON hearing the counsel the Court made the following
                                                 O R D E R

Signature Not Verified On 08.03.2019, we had passed the following order. Digitally signed by CHETAN KUMAR Date: 2019.03.26 18:31:07 IST Reason: "The State of Tamil Nadu shall revert to this Court within two weeks from today as to the steps taken by it with regard to the defacement/disfigurement on rocks, hills, hillocks and also on public constructions, 2 particularly slogans/messages of political nature depicting the photographs of politicians. List after two weeks."

Pursuant thereto, counter affidavit has been filed on behalf of the respondent-State of Tamil Nadu wherein inter alia it has been stated that the High Court of Madras had constituted a Committee to look into the matter and hear the grievances in this regard and to take corrective steps.

Mr. V. Giri, learned senior counsel for the State, has submitted that the petitioner is free to approach the Committee.

The counter affidavit of the State of Tamil Nadu is not in the spirit of the order of this Court dated 08.03.2019. What the court desired the State to do is to take preventive steps from defacement/disfigurement of public places by slogans, particularly election slogans when the elections are round the corner. As the State has failed to respond to the orders of the Court in a meaningful manner, we direct the State to take all necessary steps to ensure that there is no defacement/disfigurement of any public places including rocks, hills, hillocks, public constructions by writing slogans, messages of political parties including depiction of photographs of public figures/ politicians until further orders.

List after six weeks.

(SUSHIL KUMAR RAKHEJA)                                                (ANAND PRAKASH)
   AR CUM PS                                                           BRANCH OFFICER