2025:MHC:353 W.P.No.12760 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06.02.2025 CORAM : THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HON'BLE MR.JUSTICE K.RAJASEKAR W.P.No.12760 of 2024 A.S.N.Murugesh .. Petitioner v. 1. The Commissioner Vellakovil Municipality Tiruppur District 2. The Divisional Engineer Highways Department Tiruppur 3. The Inspector of Police Vellakovil Police Station Vellakovil, Tiruppur District .. Respondents Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents herein not to grant permission for erecting Digital Banner/Placards/Billboards etc., in front of the petitioner's premises at No.247, LKA Tower Light,Trichy-Kovai Main Road, Vellakovil 638 111, Tiruppur District. ____________ https://www.mhc.tn.gov.in/judis W.P.No.12760 of 2024 For Petitioner :: Mr.P.Santhosh For Respondents :: Mr.T.Chandrasekaran Special Government Pleader for R1 & R2 Mr.E.Raj Thilak Additional Public Prosecutor for R3 ORDER (Order of the Court was made by S.M.SUBRAMANIAM,J.) The writ of mandamus has been instituted to direct the respondents not to grant permission for erecting digital banners/placards/billboards etc., in front of the petitioner's premises at No.247, LKA Tower Light, Trichy- Kovai Main Road, Vellakovil-638 111, Tiruppur District. 2. The petitioner states that he is the absolute owner and in possession of the complex LKA Tower Light situate at No.247, Trichy-Kovai Main Road, Vellakovil, Tiruppur District. The petitioner is residing along with his family in the back portion of the said complex. He constructed 13 shops and let them out to various persons, who are all carrying business and eking out their livelihood. The complex is situate at Trichy-Kovai Main Road, which ____________ https://www.mhc.tn.gov.in/judis W.P.No.12760 of 2024 is a National Highway. People started to erect billboards, digital banners and placards in front of the complex causing hindrance to the ingress and egress of the complex. Lessees of the petitioner are running the shops and they are getting affected and therefore a complaint was lodged before the first respondent. Apart from causing hindrance to the business of the lessees of the petitioner, the installation of digital banners, billboards etc., are causing nuisance to the persons entering into the complex. Thus the writ petition was instituted. 3. The learned counsel for petitioner would submit that the digital banners/billboards/placards are installed without obtaining 'No Objection Certificate' from the competent authorities of the Municipality. As per Rule 339(5)(c)(ii) of the Tamil Nadu Urban Local Bodies Rules, 2023, no digital banner or placard shall be erected in the corners of roads or street junctions upto a distance of 50 metres on either sides of the junction including the junction and traffic island. The learned counsel for petitioner drew the attention of this Court with reference to the proceedings of the Commissioner, Vellakovil Municipality addressed to the Inspector of ____________ https://www.mhc.tn.gov.in/judis W.P.No.12760 of 2024 Police, Vellakovil Police Station vide proceedings dated 08.02.2024. Copy was marked to the other authorities also. 4. The said letter reveals that the complaint given by the petitioner was acknowledged by the competent authorities. It is stated that the Vellakovil Municipality has not granted any NOC to install the digital banners/placards/billboards in that locality and banners are installed in an illegal manner. When the Commissioner himself has written a letter to the Inspector of Police, it is the duty of the police authorities to ensure that all such illegal installations are removed without any loss of time. In the event of any untoward incident, the authorities must be held responsible and accountable in the event of permitting any such illegality in public place. When the rule contemplates procedures, it is to be followed scrupulously. When the Commissioner of Municipality himself addressed a letter to the police, it is to be implemented by removing all the illegal digital banners, billboards, placards etc. Under Rules 343 & 345 of the Tamil Nadu Urban Local Bodies Rules, it is the duty of the Commissioner of Municipality to remove the illegal installation of digital banners, billboards, placards etc. ____________ https://www.mhc.tn.gov.in/judis W.P.No.12760 of 2024 For such removal, the Commissioner of Municipality shall seek the assistance of the police for providing adequate protection. 5. In view of the facts and circumstances, the respondents are directed to remove all the illegal installation of digital banners/billboards/placards erected in front of the petitioner's complex and in the surrounding areas, within a period of two weeks from the date of receipt of a copy of this order. The writ petition stands allowed. No costs. Index : yes (S.M.S.,J.) (K.R.S.,J.) Neutral citation : yes 06.02.2025 ss To 1. The Commissioner Vellakovil Municipality Tiruppur District 2. The Divisional Engineer Highways Department Tiruppur 3. The Inspector of Police Vellakovil Police Station Vellakovil, Tiruppur District ____________ https://www.mhc.tn.gov.in/judis W.P.No.12760 of 2024 S.M.SUBRAMANIAM,J. AND K.RAJASEKAR,J. ss W.P.No.12760 of 2024 06.02.2025 ____________ https://www.mhc.tn.gov.in/judis