A ABDUL FAROOK Vs. MUNICIPAL COUNCIL PERAMBALUR

JUDGEMENT

(1.) Leave granted.

(2.) Interpretation and/or application of Section 26 of the Tamil Nadu Highways Act, 2001 (hereinafter referred to for the sake of brevity as the said Act) is in question in this appeal. It arises out of a judgment and order dated 21.3.2005 passed by a Division Bench of the High Court of Judicature at Madras in Writ Petition No. 6820 of 2005 and Writ Appeal No. 410 of 2005.

(3.) The basic fact involved in this matter is not in dispute. On or about 13.2.1998 the Government of Tamil Nadu issued a Notification bearing GOMs No. 32 granting permission for installation of statutes and erection of arches. In terms thereof, requisitions, seeking for permission to put up of arches and the like, were submitted to the District Collector, who, on receipt thereof was required to get reports from the Divisional Engineer of the State Highways, District Superintendent of Police etc. On receipt of such reports and on being satisfied therewith, the District Collector could make recommendations so as to enable the Government to grant or refuse to grant the requisite permission. The Legislature of the State enacted the Tamil Nadu Highways Act, 2001 (Tamil Nadu Act 34 of 2002) (hereinafter referred to for the sake of brevity as the Act) with a view to provide for declaration of certain highways to be the State Highways. It came into force with effect from 1.12.2002. In exercise of its powers conferred upon the State Government under Section 3 of the Act, it, on or about 16.12.2003, issued a Notification being GOMs No. 250 declaring some of the roads as State Highways, Major District Roads and other District Roads. The roads in question in this appeal are Thuraiyur-Perambalur Road and Thuraimangalam-Bungalow Road. They have been classified as Major District Roads. Both the roads were declared to be highways belonging to the Government. On or about 22.10.2004, one Mr. Ravichandran, President of Tamil Nadu Handloom and Textiles Development Corporation (respondent herein) requisitioned the Perambalur Municipality to issue a No Objection Certificate for the purpose of erecting arches on the occasion of 57th Birthday Celebrations of the Chief Minister at two places outside the boundary line of the abovementioned roads. On or about 23.10.2004, the Executive Officer, Perambalur Municipality issued a No Objection Certificate to construct the arches as per the abovesaid requisition on the condition that there would be no hindrance to the traffic. On or about 24.11.2004, the Municipal Council vide a resolution dated 24.11.2004 granted its approval for grant of No Objection Certificate. Thereafter the requisition and the approval thereof were placed before the District Collector, who. in terms of the guidelines issued in GOMs No. 32 called for reports from the Divisional Engineer of Highways, Ariyalur and the District Superintendent of Police. The Divisional Engineer, Highways on 20.12.2004 sent a report to the District Collector stating that arches can be permitted to be put up at the said two places and that putting up of the arches would not cause any hindrance to the traffic being outside the boundary line of the roads. It was also stated in the report that an undertaking was obtained from Mr. Ravinchandran that in case of expansion of roads, he would remove the arches. On or about 14.01.2005, the District Superintendent of Police also sent his report recommending grant of permission for construction of arches. On receipt of both the reports, the District Collector forwarded a proposal to the Secretary to the Government of Tamil Nadu, State Highways recommending for the required permission. On or about 24.1.2005, the appellant-Ward Councillor of Perambalur Municipality filed a writ petition being WP No. 2503 of 2005 before the High Court of Madras praying, inter alia, for issuance of a writ of certiorari quashing the abovesaid No Objection Certificate. A learned single Judge of the High Court dismissed the said writ petition by its judgment and 5 order dated 14.2.2005 holding that the proposed constructions do not fall within the National Highways limits. An intra court appeal being WA No.410 of 2005 was preferred by the appellant on 18.2.2005. On or about 22.2.2005, the Secretary to Government of Tamil Nadu, State Highways Department, taking into consideration the recommendation made by the District Collector and after satisfying himself that the guidelines stipulated in GOMs No. 32 have been complied with granted permission to construct the arches. One Mr. N.G. Karunakaran, claiming himself to be the Secretary of the District Consumer Council, Perambalur, filed a writ petition being WP No. 6820 of 2005 praying for issuance of a writ of mandamus forbearing the respondents from putting up of permanent arches. The Division Bench of the High Court by reason of the impugned judgment dismissed both the Writ Appeal No. 410 of 2005 as well as the Writ Petition No. 6820 of 2005.