W.P(MD)No.16117 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.07.2025 CORAM: THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P(MD)No.16117 of 2025 M.Sivanithi ... Petitioner Vs The Divisional Engineer, Highways Department, Dindigul. ... Respondent PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondent to permit the petitioner to continue the advertisement in the barricades as per the permission granted to the petitioner vide proceedings bearing Se.Mu.Ka.No. 1690/2019/Iva.A3 dated 28.01.2020 by respondent in the abandoned Old National Highways in Vathalakundu from Km 2/600 to 3/400. For Petitioner : Mr.K.Samidurai For Respondent : Mr.S.Shanmugavel Additional Government Pleader ORDER This writ petition is filed for Writ of Mandamus to direct the respondent to permit the petitioner to continue the advertisement in the barricades as per the 1/7 https://www.mhc.tn.gov.in/judis W.P(MD)No.16117 of 2025 permission granted to the petitioner vide proceedings bearing Se.Mu.Ka.No. 1690/2019/Iva.A3 dated 28.01.2020 by respondent in the abandoned Old National Highways in Vathalakundu from Km 2/600 to 3/400. 2.The contention of the petitioner is that the respondent has granted license to the petitioner for erecting advertisement vide proceedings bearing Se.Mu.Ka. No.1690/2019/Iva.A3 dated 28.01.2020 in the abandoned Old National Highways in Vathalakundu from km 2/600 to km 3/400. The relevant portion of the order granting the license is extracted hereunder: “cj;juT:- jpz;Lf;fy; (ne) f(k)g Nfhl;lk;> tj;jyf;Fz;L (ne)f(k)g cl;Nfhl;lj;jpw;Fl;gl;l khepy neLQ;rhiyahd tj;jyf;Fz;L efhpy; cs;s iftplg;gl;l Njrpa neLQ;rhiy vz; 45 tphpT fp.kP 2/600-3/400 tiuAs;s rhiyg;gFjpapy; ikaj;jLg;ghz; ,Uk;G fpuhjpapy; () gj;kyjh tpsk;gu epWtdk;> tj;jyf;Fz;L epWtdj;jhh; mikj;J guhkhpg;G nra;a jw;fhypf mDkjp toq;fg;gLfpwJ. 1.,Uk;G fpuhjp ikaj;jLg;ghd; () mikg;gjhy; Nghf;Ftuj;jpw;Fk; nghJkf;fSf;Fk; vt;tpj ,ilA+Wk; Vw;glf;$lhJ. 2.Nkw;gb ,Uk;G fpuhjp ikaj;jLg;ghd; ()-y; 2/7 https://www.mhc.tn.gov.in/judis W.P(MD)No.16117 of 2025 rhiy ghJfhg;G tpopg;Gzh;T thrfq;fs; fz;bg;ghf ,lk; ngw Ntz;Lk;. 3.guhkhpg;G nryTfs; midj;ijAk; rk;ke;jg;gl;l epWtdNk Vw;Wf; nfhs;s Ntz;Lk;. 4.,J Kw;wpYk; jw;fhypf mDkjp MFk;> vjph;fhyj;jpy; rhiy tphpthf;f gzpapd; NghJ Njitg;gbd; ,Uk;G fpuhjp ()-I jq;fsJ nrhe;j nrytpy; mfw;wpj;ju Ntz;Lk;. 5.Nkw;Fwpg;gpl;Ls;s epge;jidfis fl;lhak; gpd;gw;w Ntz;Lk. Mt;thW gpd;gw;wtpy;iy vdpy; toq;fg;gl;l jw;fhypf mDkjp uj;J nra;ag;gLk;.” 3. Now, the respondent is refusing to extend the lease for the reason that the petitioner has violated the condition where the petitioner was permitted to install the advertisement in the barricades in the abandoned old national highways from Km 2/600 to 3/400, but the petitioner has erected the said advertisement in Ammayanayakannur to Vatlakundu Road between km 17/8 to 18/0, which is violation. The second objection is that the permission is only a temporary one and there is no time limit prescribed in the order. The third objection is based on the order passed by the Division Bench of this Court in W.P.(MD)No.41829 of 2016, dated 30.10.2017, where the Court directed to remove the advertisement 3/7 https://www.mhc.tn.gov.in/judis W.P(MD)No.16117 of 2025 hoardings in all the highways. Based on the above reasons the respondent is objecting to grant extension. But because of the refusal of license the petitioner has incurred huge loss. Infact based on the license the petitioner has spent more than Rs.4 lakhs. 4. The learned counsel appearing for the petitioner vehemently objected to the contention of the respondents and submitted that at the time of granting license the officials visited the spot and identified the relevant portion of the road and thereafter, the petitioner was directed to erect the advertisement in the particular spot, i.e. at km 2/600 to km 3/400. When the respondent had physically identified the place / spot and then granted permission, now the respondent cannot revert back and contend that the petitioner has violated the conditions and erected in some other place. Therefore, the said objection is rejected. 5. The next objection of the respondent is that there is no time limit for the license, hence it can be cancelled at any point of time. Even if the respondent’s plea is accepted, then also the respondent cannot suddenly direct the petitioner to remove the advertisement without granting any opportunity of hearing to the petitioner. Sudden withdrawal of the permission without stating any reasons and before cancelling the license no opportunity was granted to the petitioner, hence the same is violating of principles of natural justice. 4/7 https://www.mhc.tn.gov.in/judis W.P(MD)No.16117 of 2025 6. Further if there is any violation of conditions, the respondent can take action against the petitioner, but cannot cancel the license altogether. Therefore, now the respondent cannot state that the petitioner has erected in some other place. 7. The third objection raised by the respondent is that the Division Bench of this Court directed to remove all the advertisement, hence the license was cancelled. It is seen from the judgment that the advertisement put up as hoardings were removed not as barricades. The barricades are put up in order to restrict the speeding vehicle. In all national highways especially wherever the villages are coming the National Highways, the barricades are erected in order to curtail the speed of the vehicle. In such places only, the petitioner was granted license to put up advertisement and it is not hoardings. Therefore, the judgment cited by the respondent is not applicable to the present case. 8. For the reasons stated supra this Court is of the considered opinion that the respondents had erred in not granting the permission to continue the advertisement. Therefore, the respondent is directed to permit the petitioner to continue the advertisement in the barricades as per the permission granted to the 5/7 https://www.mhc.tn.gov.in/judis W.P(MD)No.16117 of 2025 petitioner vide proceedings bearing Se.Mu.Ka.No.1690/2019/Iva.A3/dated 28.01.2020 by the respondent forthwith. 9. Accordingly, this writ petition stands disposed of. No costs. 07.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes Vsg To The Divisional Engineer, Highways Department, Dindigul. 6/7 https://www.mhc.tn.gov.in/judis W.P(MD)No.16117 of 2025 S.SRIMATHY , J. Vsg ORDER MADE IN W.P(MD)No.16117 of 2025 DATED : 07.07.2025 7/7 https://www.mhc.tn.gov.in/judis