M/s. Seven Star Enterprises vs The State of Tamil Nadu

R. Sudhakar, J.—This writ petition has been filed seeking a Writ of Mandamus to direct the second respondent to consider the application dated 30.01.2013 submitted by the petitioner for renewal of permission for erecting advertisement hoardings as per the second respondent proceedings dated 12.03.2010 and 23.09.2010 by issuing an assessment order for advertisement tax. Heard the submissions of Mr. R. Parthasarathy, learned Senior Counsel appearing on behalf of Ms. R. Maheswari, learned Counsel for the petitioner and Mr. C. Selvaraj, learned Special Government Pleader appearing for the respondents 1,2 and 4 and Mr. Aaiyram K. Selvakumar, learned Government Advocate appearing for the third respondent.

We find that the Public Works Department has granted its permission-cum-No Objection Certificate for erection of hoardings and based on that, the application has been submitted to the second respondent by the petitioner and the receipt of the application is not in dispute. The District Collector has sought for certain clarification with regard to the payment of arrears of advertisement tax in the previous year, for which, the details have been submitted by the petitioner. The permission granted by the District Collector already expired on 31.03.2013 and the petitioner sought renewal of permission from 01.04.2013 by submitting the application dated 30.01.2013 and the discretion is with the District Collector to grant renewal of permission already granted to the petitioner.

Since the ''No Objection Certificate'' has already been granted by the Public Works Department and the hoardings have been in existence consequent to the earlier order passed by the District Collector, Tirunelveli, for the period of three years, the authority concerned shall consider and dispose of the application dated 30.01.2013 along with the recommendation of the Public Works Department, as per law, as expeditiously as possible and pending the same, no adverse action need be taken. Accordingly, the writ petition is disposed of. Consequently, the connected Miscellaneous Petition is closed. No costs.