Seven Star Enterprises vs The State of Tamil Nadu

R. Sudhakar, J.—Heard Mr. S. Parthasarathy, learned Senior counsel appearing for the petitioner, Mr. C. Selvaraj, learned Special Government Pleader appearing for the respondents 1, 2 and 4 and Mr. Aayiram K. Selvakumar, learned Government appearing for the third respondent. By consent, the writ petition itself is taken up for final disposal. By the impugned proceedings, the petitioner''s claim for grant of licence was declined by the District Collector, Tirunelveli. Challenging the same, the Writ Petition has been filed.

Learned Senior Counsel appearing for the petitioner inter-alia contends that new facts and statements of allegations are found in the impugned proceedings, on which no notice has been issued to the petitioner, thereby prejudice is caused. Further, after passing the impugned proceedings dated 03.01.2014 and signed on 06.01.2014, the District Collector calls upon the petitioner to remove the hoardings, which were already there for long number of years, within four days, failing which it will be removed by the Municipality and the cost will be mulcted on the petitioner. Their grievance is that in terms of Rule 11 of Tamil Nadu Urban Local Bodies Licensing of Hoardings and Levy and Collection of Advertisement Tax Rules, 2013, 30 days time is given to file appeal and the Government will have to dispose of the appeal within 60 days thereafter and by removing the hoardings before availing appeal remedy, the District Collector, Tirunelveli is drying to defeat the claim of the petitioner.

We are not inclined to admit the Writ Petition in view of the specific rule 11 which provides for appeal against refusal to grant licence or renewal of licence. Therefore, the Writ Petitioner is directed to file appeal within 30 days from the date of receipt of the order dated 03.01.2014, as provided under Rule 11 of Tamil Nadu Urban Local Bodies Licensing of Hoardings and Levy and Collection of Advertisement Tax Rules, 2013 and pursue the same in accordance with law. It goes without saying that the petitioner can also file interlocutory application in the appeal and the same shall be considered by the appellate authority. Till such time, the respondents are restrained from removing the hoardings in order to ensure that the right of appeal is not defeated. If no appeal is filed within the time specified, the authorities are at liberty to proceed in accordance with law. The writ petition stands disposed of in the above terms. No costs. Consequently, connected miscellaneous petitions are closed.