Madras High Court
E.R.Mohanraj vs The Government Of Tamilnadu on 29 July, 2024
Author: D.Krishnakumar
Bench: D.Krishnakumar
W.P.No.21368 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.07.2024
CORAM :
THE HON'BLE MR. D.KRISHNAKUMAR, ACTING CHIEF JUSTICE
and
THE HONOURABLE MR.JUSTICE K. KUMARESH BABU
W.P.No.21368 of 2021
and WMP.No. 22618 of 2021
E.R.Mohanraj ..Petitioner
Vs
1 The Government of Tamilnadu
Rep by the Chief Secretary Secretariat
Fort St. George Chennai - 600 009.
2 The Government of Tamil Nadu
Rep by the Secretary Revenue Department
Secretariat Fort St. George
Chennai - 600009.
3 The Government of Tamil Nadu
Rep by the Secretary Home Department
Secretariat Fort St. George,
Chennai - 600009.
4 The Government of Tamil Nadu
Rep by the Secretary Highways Department
Government of Tamil Nadu, Secretariat,
Fort St. George Chennai - 600 009.
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W.P.No.21368 of 2021
5 The Government of Tamil Nadu
Rep by the Secretary Department Rural
Development Secretariat Fort St. George
Chennai - 600 009.
6 The Government of Tamil Nadu
Rep by the Secretary Department Municipal
Administration Secretariat
Fort St. George Chennai - 600 009.
7 The Government of Tamil Nadu
Rep by the Secretary Department Labour and
Employment Secretariat Fort St. George
Chennai - 600 009.
8 The Government of Tamil Nadu
Rep by the Secretary Department Energy
Secretariat Fort St. George,
Chennai – 600 009.
9 The Commissioner of Land Administration,
Department of Land Administration,
Chepauk Chennai - 600 005.
10 The Director
Commissioner of Municipal Administration
Raja Annamalaipuram Chennai.
11 The District Collector
Villupuram District Villupuram.
12 The Commissioner
Villupuram Municipality Villupuram.
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W.P.No.21368 of 2021
13 The Director General of Police,
Kamarajar Salai,
Mylapore Chennai – 600004.
14 The Superintendent of Police
Villupuram District Villupuram.
15 The Inspector of Police
Villupuram West Police Station,
Villupuram.
16 Inspector of Labour
District Labour Office, Villupuram District
Villupuram.
17 The Chairman cum Managing Di
rector TANGEDCO Chennai.
18 The Chief Engineer
TANGEDCO Villupuram District Villupuram.
19 Dravidar Munnetra Kazhagam
Rep by its President, DMK Head Office,
Anna Salai Chennai.
20 Villupuram Central District.
Dravida Munnetra Kazhagam Rep by its
Secretary Mr. N. Pugalendhi DMK District
Office Villupuram.
21. Tamil Nadu Digital Printing Association,
300-A Chetti Street,Porur
Chennai 600 116.
Rep. by its President.
R21 Impleaded vide order dated DT 30.11.2021
made in WMP.25943/2021)
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W.P.No.21368 of 2021
22 Lakshmi
23 S.Venkatesan,
(R22 R23 Impleaded vide order
of this Court dated 03.02.2022) ..Respondents
PRAYER: Writ petition filed under Article 226 of the Constitution of India
seeking to issue a Writ of Mandamus, directing the respondents 1 to 18 to
take immediate legal action against the illegal banners and flex boards
arches, illegal flag poles, flag masts on public roads, passages and
pedestrian pavements in Villupuram District and prevent such illegal things
in future.
For Petitioner : Mr.Sheik Ismail
for Mr. K.S. Suresh
For Respondents : Mr.A.Edwin Prabakar, State Government Pleader
- For R1 to R11 & R16
Mr. D.Ravichander – R12
Ms. R.Revathy – R19 & 40
Mr.R.Muniyapparaj – R13 to 15
Mr L.Jai Venkatesh – R17 & 18
No Appearance – R21 to 23
ORDER
(Order of the Court was made by the Hon'ble Acting Chief Justice) This writ petition, styled as a Public Interest Litigation, has been filed seeking mandamus to the respondents 1 to 18 to take immediate legal Page 4 of 9 https://www.mhc.tn.gov.in/judis W.P.No.21368 of 2021 action against the illegal banners and flex boards arches, illegal flag poles, flag masts on public roads, passages and pedestrian pavements in Villupuram District and prevent such illegal things in future.
2. Today, the learned counsel appearing for the 19th respondent has filed affidavit of undertaking stating that the 19th respondent will not erect any banners without getting statutory permission from the competent authority. The relevant paragraph is extracted hereunder;
“4. I state that the party will scrupulously abide by the relevant Act, Rules of Tamil Nadu Urban Local Bodies (Permission for Erection of Digital Banners and Placards) Rules, 2011 and the regulations framed in regard to the erection of hoardings, banners, flex boards and flag poles and will strictly comply with the same. This respondent will not do anything without getting the statutory permission from the competent authority”
3. In view of the undertaking given by the 19 th respondent, we find that no further orders are necessary in the present writ petition.
Accordingly, the writ petition is disposed of with the following directions:
Page 5 of 9https://www.mhc.tn.gov.in/judis W.P.No.21368 of 2021 i. The 19th respondent is hereby directed to obtain the necessary permissions from the appropriate authorities for the erection of hoardings, banners, flex boards, and flag poles related to their party in the future.
ii. Based on the undertaking affidavit filed today, the 19th respondent shall ensure that all District offices are instructed to adhere strictly to the Tamil Nadu Urban Local Bodies (Permission for Erection of Digital Banners and Placards) Rules, 2011, prior to the erection of any hoardings, banners, or flex boards.
iii. Any violation of the aforementioned Rules will result in the concerned individuals or organizers being held responsible, and the authorities concerned shall take necessary action against those responsible.
4. With the above directions, the writ petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.
(D.K.K., A.CJ.) (K.B.J.)
29.07.2024
Internet: Yes/No
Index : Yes/No
ak
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https://www.mhc.tn.gov.in/judis W.P.No.21368 of 2021 To 1 The Chief Secretary Secretariat Fort St. George Chennai - 600 009.
2 The Secretary, Revenue Department Secretariat Fort St. George Chennai - 600009.
3 The Secretary, Home Department Secretariat Fort St. George, Chennai - 600009.
4 The Secretary, Highways Department Government of Tamil Nadu, Secretariat, Fort St. George Chennai - 600 009.
5 The Secretary, Department Rural Development, Secretariat, Fort St. George Chennai - 600 009.
6 The Secretary, Department of Municipal Administration, Secretariat, Fort St. George Chennai - 600 009.
7 The Secretary, Department of Labour and Employment, Secretariat, Fort St. George Chennai - 600 009.
8 The Secretary, Department of Energy, Secretariat Fort St. George, Chennai – 600 009.
Page 7 of 9https://www.mhc.tn.gov.in/judis W.P.No.21368 of 2021 9 The Commissioner of Land Administration, Department of Land Administration, Chepauk Chennai - 600 005.
10 The Director Commissioner of Municipal Administration Raja Annamalaipuram Chennai.
11 The District Collector Villupuram District Villupuram.
12 The Commissioner Villupuram Municipality Villupuram.
13 The Director General of Police, Kamarajar Salai, Mylapore Chennai – 600004.
14 The Superintendent of Police Villupuram District Villupuram.
15 The Inspector of Police Villupuram West Police Station, Villupuram.
16 Inspector of Labour District Labour Office, Villupuram District Villupuram.
17 The Chairman cum Managing Director, TANGEDCO, Chennai.
18 The Chief Engineer TANGEDCO, Villupuram District Villupuram.
Page 8 of 9https://www.mhc.tn.gov.in/judis W.P.No.21368 of 2021 THE HON'BLE ACTING CHIEF JUSTICE and K. KUMARESH BABU, J.
ak W.P.No.21368 of 2021 and WMP.No. 22618 of 2021 29.07.2024 Page 9 of 9 https://www.mhc.tn.gov.in/judis