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S. Syed Azeez v/s The District Collector, Tirunelveli & Others

    W.P.(MD)No. 20770 of 2017

    Decided On, 10 November 2017

    At, Before the Madurai Bench of Madras High Court


    For the Petitioner: A. Mohamed Haneef, Advocate. For the Respondents: R1 & R3, M. Govindan, Special Government Pleader, R2, Aayiram K. Selvakumar, Advocate.

Judgment Text

(Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the Respondents to take necessary steps to remove the "Temporary Arch" put up near the Court Campus considering the Petitioner's representation dated 08.11.2017.)

M. Venugopal, J.

1. Mr.M.Govindan, Learned Special Government Pleader, takes notice for the Respondents 1 an

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d 3. Mr.Aayiram K.Selvakumar, Learned Standing Counsel, takes notice for the second Respondent.

2. Heard both sides. No counter is filed on behalf of the Respondents 1 to 3.

3. By consent, the main Writ Petition itself is taken up for final disposal at the stage of admission.

4. According to the Petitioner, on 12.11.2017, a function has been organized to celebrate the 100th year Birth Anniversary of Late.Chief Minister Dr.M.G.Ramachandran. It appears that High Dignitaries are invited as guests to attend the function on the said date. In regard to the proposed function scheduled on 12.11.2017, several banners and cut-outs are being put up throughout Tirunelveli City and the banners, etc., create various hindrances to the citizens in their daily life. As a matter of fact, this Court in ROC.No.3997/2013/D4, dated 04.07.2014, has passed a detailed order stating that 'no digital boards and hoardings should be put up within 500 Metres proximity of any Court'.

5. The grievance of the Petitioner is that without adhering to the Rule determined by this Court, various arrangements are being made to put up cut- outs and banners near the District Court Complex of Tirunelveli. 'A Temporary Arch' has been erected within 100 Metres proximity of the Court Campus, which is totally against the guidelines issued by this Court. As such, the Petitioner has made a representation on 08.11.2017 before the Respondents seeking them to remove the superstructure put up near the Court Campus. However, till date, no action has been taken based on the Petitioner's representation dated 08.11.2017. Hence, the Petitioner has come forward with the present Writ Petition before this Court seeking necessary relief thereto.

6. At this juncture, it is apt for this Court to point out the Official Memorandum of this Court in ROC.No.3997/2013/D4, dated 04.07.2014, which runs as under:

"The High Court considered the request dated 06.12.2013 and 13.01.2014 of Advocates from Tirunelveli, Madurai and (Natham) Dindigul and the Judicial Officers of the Districts concerned are hereby directed to take necessary steps to ban the erection of digital boards and hoardings in front of Court Campus and/or within a radius of 500 meters from such court campuses, without prior permission."

and a copy of the same is being addressed to (i) the Learned Principal District Judge, Tirunelveli,

(ii) the Learned Principal District Judge, Madurai and (iii) the Learned Principal District Judge, Dindigul.

7. Considering the fact that the Petitioner's representation dated 08.11.2017 addressed to (i) the Learned Principal District Judge, Tirunelveli (ii) the District Collector, Tirunelveli, (iii) the Commissioner of Police, Tirunelveli City and (iv) the Commissioner, Tirunelveli Corporation, is pending as on date without any progression in the subject matter in issue, this Court deems it fit and proper in directing the first Respondent/District Collector, Tirunelveli District, to look into the representation of the Petitioner dated 08.11.2017 on or before 11.11.2017 and to pass final orders in the subject matter in issue, within the time adumbrated by this Court. It is abundantly made quite clear that there shall be no deviation in regard to the order passed by this Court. It is open to the Petitioner to raise all Factual and Legal pleas before the first Respondent, who shall advert to the same, at the time of passing final orders, based on the representation of the Petitioner dated 08.11.2017. Liberty is granted to the Petitioner to cite/quote the Memorandum of this Court in ROC.No.3997/2013/D4, dated 04.07.2014 before the first Respondent and to seek redressal of his grievance in the manner known to law and in accordance with law.

8. With the aforesaid observation(s)/direction(s), the Writ Petition stands disposed of. No costs.

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