LAWS(MAD)-2020-3-190

CHENNAI HOARDINGS ASSOCIATION Vs. THE SECRETARY TO GOVERNMENT OF TAMIL NADU, MUNICIPAL ADMINISTRATION DEPARTMENT AND ORS.

Decided On March 11, 2020
Chennai Hoardings Association Appellant
V/S
The Secretary To Government Of Tamil Nadu, Municipal Administration Department And Ors. Respondents

JUDGEMENT

(1.) The challenge raised in all these petitions is to Act No.40 of 2018, the Tamil Nadu Municipal Laws (Fifth Amendment) Act, 2018 insofar as it relates to alteration of definition of the word "hoarding" as used in (1) Sec. 326-A of the Chennai City Municipal Corporation Act, 1919; (2) Sec. 285-A of the Tamil Nadu District Municipalities Act, 1920, which are similar to the amendments brought about under the same Act in Sec. 410-A of the Coimbatore City Municipal Corporation Act, 1981 and Sec. 410-A of the Madurai City Municipal Corporation Act, 1971. The said amendment was published on 16/7/2018 with a rider that it shall come into force on such date as the State Government may, by notification, appoint.

(2.) The State Government has come out with a notification published on 31/1/2019 enforcing the said amendment with effect from 1/2/2019.

(3.) To appreciate the controversy at the very out set since the amendment is common to all the enactments, we are extracting the amended definition of the word "hoarding" as contained in Sec. 326-A of the Chennai City Municipal Corporation Act, 1919. The same is extracted herein under: