N.KARTHIK Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) In this writ petition by way of public interest, the petitioner has prayed for a declaration that erection of dangerous hoardings, arches, banners and flex-boards on public roads, passages and pedestrian pavements in Coimbatore City, without permission from the competent authority under the Tamil Nadu Open Places (Prevention of Disfigurement) Act, 1959 (hereinafter referred to as "the Prevention of Disfigurement Act") and Tamil Nadu Urban Local Bodies (Permission for Erection of Digital Banners and Placards) Rules, 2011 (hereinafter referred to as "the Digital Banners and Placards Rules"), is illegal and liable to be forthwith removed.

(2.) Directions have also been sought on the respondent authorities to strictly adhere to the provisions of the Prevention of Disfigurement Act and Digital Banners and Placard Rules, in regulating the permission for erection of hoardings, arches, banners, flex-boards, etc.

(3.) In the writ petition, it is pleaded that the first respondent is celebrating the birth centenary of Dr. M.G. Ramachandran, Former Chief Minister of Tamil Nadu, in various places in the State of Tamil Nadu. There can be no doubt that the birth centenary of a Former Chief Minister is an important occasion to celebrate. Programmes and functions might undoubtedly be organized to mark the birth centenary of the Former Chief Minister. The question is whether celebrations to mark the centenary of a leader warrants the erection of hoardings, banners, arches, flex-boards, display boards and the like in contravention of law. The answer to the aforesaid question cannot but be in the negative.