Madras High Court
M/S.Digital India vs The Commissioner on 20 July, 2021
W.A.Nos.23 and 24 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.07.2021
CORAM
THE HON'BLE MR.JUSTICE M.M.SUNDRESH
and
THE HON'BLE MS.JUSTICE R.N.MANJULA
W.A.Nos.23 and 24 of 2018
and C.M.P.Nos.248 and 249 of 2018
M/s.Digital India
Rep. by its Proprietor,
S.Shaik Sulaiman,
No.11, 1st Floor, Triplicane,
Chennai - 600 005. .. Appellant
in W.A.No.23 of 2018
Tamil Nadu Digital Printing Sangam
(Registered No.383/2010)
Rep. by its President M.Suresh,
No.10, Chetty Street, Porur,
Chennai - 600 116. .. Appellant
in W.A.No.24 of 2018
Vs
1.The Commissioner,
Corporation of Chennai,
Rippon Buildings, Chennai - 600 003.
2.The Assistant Commissioner,
Corporation of Chennai - Zone VIII,
No.36-B, Pulla Avenue,
Shenoy Nagar, Chennai - 600 030.
3.The Commissioner,
Commissioner of Police,
Vepery, Chennai - 600 007.
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W.A.Nos.23 and 24 of 2018
4.The Inspector of Police,
K-8, Arumbakkam Police Station,
Chennai - 600 106.
5.Mathi
6.B.Thirulochana Kumari .. Respondents
in both writ appeals
Appeals filed under Clause 15 of Letters Patent against
paragraph 9 of the order dated 23.10.2017 made in W.P.No.23490 of
2017.
For Appellant : M/s.Gnanadesikan Law Associates
(in both cases)
For Respondents : Ms.Karthikaa Ashok for R1 & R2
(in both cases) Mr.S.John J Raja Singh for R3 & R4
No appearance for R5 & R6
COMMON JUDGMENT
(Delivered by M.M.SUNDRESH, J.)
Both these appeals have been filed against paragraph 9 of the
order of the learned Single Judge, wherein, it has been held as follows:
"9.In order to maintain clean atmosphere in all the
areas of the entire State of Tamil Nadu, and to
avoid unnecessary drawings on the walls of the
buildings/residential places in the areas, this Court
directs the Chief Secretary to the Government of
Tamil Nadu to ensure that clean atmosphere is
maintained in that regard in the Wards of the
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W.A.Nos.23 and 24 of 2018
Town Panchayat / Panchayat Union / Municipality /
Corporation, etc., and shall also ensure that the
provisions of the Tamil Nadu Open Places
(Prevention of Disfigurement) Act, 1959,
amended from time to time, are complied with. If
at all any permission is given by the authority
concerned for erecting banners, flex boards,
signboard etc., the authority concerned shall
ensure that the photographs/pictures of such
persons who are alive, shall not be depicted by
way of those banners, flex boards, sign-boards,
etc. It is further directed to ensure that the
photographs/pictures of the persons who are
sponsoring for the photographs/pictures, shall also
not be depicted. In the context of all the above
directions, the Chief Secretary shall send circular
to all office bearers of the Wards of the Town
Panchayat /Panchayat Union/Municipality/
Corporation etc."
2. It is submitted by both the counsel that the aforesaid portion
of the order has already been set aside on an appeal filed by the
respondents in W.A.No.1340 of 2017 dated 20.12.2017. The following
is the operative portion of the order passed:-
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W.A.Nos.23 and 24 of 2018
"21. The order under appeal is set aside to the
limited extent that the learned Single Bench has
directed the concerned authorities to ensure that if
any permission is given for erecting banners,
photographs/pictures of living persons are not to
be depicted. The directions on the Chief Secretary
to the Government of Tamil Nadu are also
modified by directing that the appropriate
authorities shall ensure compliance with the order
of the learned Single Bench as modified by this
Court, and the requisite Statutes, Rules,
Regulations and Order.
22. The appeal is disposed of accordingly. No
costs. Consequently, CMP No.18513 of 2017 is
closed."
3. In view of the same, the writ appeals stand allowed in part as
indicated above with specific reference to paragraph 9 of the order of
the learned Single Judge being set aside. In all other respects, the
order of the learned single Judge is confirmed. No costs. Consequently,
connected miscellaneous petitions are closed.
(M.M.S., J.) (R.N.M., J.)
20.07.2021
Index:Yes/No
mmi/ssm
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W.A.Nos.23 and 24 of 2018
To
1.The Commissioner,
Corporation of Chennai,
Rippon Buildings, Chennai - 600 003.
2.The Assistant Commissioner,
Corporation of Chennai - Zone VIII,
No.36-B, Pulla Avenue,
Shenoy Nagar, Chennai - 600 030.
3.The Commissioner,
Commissioner of Police,
Vepery, Chennai - 600 007.
4.The Inspector of Police,
K-8, Arumbakkam Police Station,
Chennai - 600 106.
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W.A.Nos.23 and 24 of 2018
M.M.SUNDRESH, J.
and
R.N.MANJULA,J.
mmi
W.A.Nos. 23 and 24 of 2018
20.07.2021
https://www.mhc.tn.gov.in/judis/
