Case Note & Summary
The petitioner, A.S.N.Murugesh, owner of the LKA Tower Light complex at No.247, Trichy-Kovai Main Road, Vellakovil, filed a writ petition under Article 226 of the Constitution of India. He sought a mandamus directing the Commissioner of Vellakovil Municipality, the Divisional Engineer of the Highways Department, and the Inspector of Police not to grant permission for erecting digital banners, placards, or billboards in front of his premises. The petitioner stated that he is the absolute owner and possesses the complex, where he constructed 13 shops let out to various tenants. The complex is located on a National Highway. Unauthorized digital banners, billboards, and placards were erected in front of the complex, causing hindrance to ingress and egress and nuisance to tenants and visitors. A complaint was lodged with the first respondent, and the Commissioner issued a letter dated 08.02.2024 acknowledging that no No Objection Certificate (NOC) had been granted and that the banners were installed illegally. The petitioner's counsel argued that Rule 339(5)(c)(ii) of the Tamil Nadu Urban Local Bodies Rules, 2023 prohibits such banners within 50 metres of road junctions and that Rules 343 and 345 mandate the Commissioner to remove illegal installations with police assistance. Despite the Commissioner's letter to the police, no action was taken. The court observed that the Commissioner had confirmed the illegality, and it was the duty of the police to ensure removal. The court held that in the event of any untoward incident, the authorities would be accountable. Consequently, the court allowed the writ petition and directed the respondents to remove all illegal digital banners, billboards, and placards in front of the petitioner's complex and surrounding areas within two weeks. No costs were awarded.
Headnote
A) Municipal Law - Illegal erection of digital banners/placards - Requirement of No Objection Certificate (NOC) - Tamil Nadu Urban Local Bodies Rules, 2023, Rules 339(5)(c)(ii), 343, 345 - The petitioner alleged that digital banners were installed in front of his property on a National Highway without NOC, causing hindrance and nuisance. The Commissioner's letter acknowledged that no NOC was granted and that the banners were illegal. The Court held that such installations are illegal and directed their removal within two weeks, holding that the authorities are duty-bound to remove them (Paras 2-5).
Issue of Consideration
Whether a writ of mandamus can be issued directing respondents not to grant permission for erection of digital banners/placards/billboards in front of the petitioner's premises and to remove existing illegal installations in violation of the Tamil Nadu Urban Local Bodies Rules, 2023.
Final Decision
The writ petition is allowed. Respondents are directed to remove all illegal digital banners, billboards, and placards erected in front of the petitioner’s complex and in the surrounding areas within two weeks from the date of receipt of a copy of this order. No costs.
Law Points
- Legal points not extracted
- Rule 339(5)(c)(ii) of Tamil Nadu Urban Local Bodies Rules
- 2023 prohibits digital banners at road junctions within 50 metres
- Municipality must remove illegal installations under Rules 343 and 345
- police must assist removal
- authorities accountable for permitting illegality
Case Details
2025 LawText (MAD) (02) 119
S.M.Subramaniam, K.Rajasekar
Citation not available, 2025:MHC:353
P.Santhosh, T.Chandrasekaran, E.Raj Thilak
The Commissioner, Vellakovil Municipality; The Divisional Engineer, Highways Department, Tiruppur; The Inspector of Police, Vellakovil Police Station
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India seeking mandamus to prevent erection of digital banners/placards/billboards in front of petitioner's premises.
Remedy Sought
Petitioner sought a direction to respondents not to grant permission for erecting digital banners etc. in front of his premises and consequential removal of existing unauthorized banners.
Filing Reason
Unauthorized digital banners were erected in front of petitioner's complex on a National Highway without No Objection Certificate, causing hindrance to ingress/egress and nuisance to tenants and visitors. Despite a complaint and an acknowledgment by the Commissioner that the banners were illegal, no action was taken.
Previous Decisions
No prior judicial decisions; the Commissioner of Vellakovil Municipality had issued a letter dated 08.02.2024 acknowledging that no NOC was granted and that the banners were illegally installed.
Issues
Whether a writ of mandamus can be issued directing the respondents not to grant permission for erection of digital banners and to remove illegal installations in violation of the Tamil Nadu Urban Local Bodies Rules, 2023.
Submissions/Arguments
Petitioner argued that the digital banners were installed without NOC in violation of Rule 339(5)(c)(ii) of the Tamil Nadu Urban Local Bodies Rules, 2023, and that the Commissioner’s letter proved the illegality; the authorities were duty-bound under Rules 343 and 345 to remove them with police assistance.
Respondents did not file counter arguments; they appeared through counsel.
Ratio Decidendi
A writ of mandamus lies to enforce compliance with statutory duties where authorities have failed to act against illegal erection of digital banners in violation of Rules 339(5)(c)(ii), 343, and 345 of the Tamil Nadu Urban Local Bodies Rules, 2023, especially when the Commissioner has acknowledged the illegality and the police are obligated to assist in removal.
Judgment Excerpts
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.
When the Commissioner of Municipality himself addressed a letter... it is to be implemented by removing all the illegal digital banners, billboards, placards etc.
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.
Procedural History
Petitioner filed a writ petition under Article 226 of the Constitution of India. Prior to filing, he lodged a complaint with the first respondent, and the Commissioner of Vellakovil Municipality issued a letter dated 08.02.2024 to the Inspector of Police, acknowledging that no NOC was granted and that the banners were illegally installed. The writ petition was filed seeking enforcement of the duty to remove the unauthorized structures.
Acts & Sections
- Constitution of India: Article 226
- Tamil Nadu Urban Local Bodies Rules, 2023: Rule 339(5)(c)(ii), Rule 343, Rule 345
