BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 17.02.2025

CORAM

THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN

Writ Petition(MD)No.3812 of 2025

C.Vijayakumar S/o Chellaswamy, President, Arulmigu Sree Bhadhreswari Amman Devasthanam, Panangalmukku, Thengapattanam Post, Kanyakumari District – 629 173. ..Petitioner

Vs

• 1.The Deputy Divisional Engineer, National Highways Department, Kuzhithurai, Kanyakumari District.
• 2.The District Collector, Kanyakumari District, Nagercoil.
• 3.The Superintendent of Police, Kanyakumari District, Nagercoil.
• 4.The Inspector of Police, Pudhukadai Police Station, Pudhukadai, Kanyakumari District. ..Respondents

1/7 https://www.mhc.tn.gov.in/judis

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents particularly the first respondent to consider the petitioner's representation dated 03.02.2025 and pass appropriate orders on merits and in accordance with law with regard to put decorated welcome arches with Arulmigu Bhadhreswari Amman Photo in ten places in the National Highways road heading Thengapattanam.

For Petitioner : Mr.J.Jeevin For Respondents : Mr.A.Kannan Addl. Govt. Pleade (for R1 and R2)

Mr.M.Karunanithi Govt. Advocate (crl. side) (for R3 and R4)

ORDER

The petitioner seeks for issuance of a Writ of Mandamus directing the first respondent/Deputy Divisional Engineer, National Highways Department, Kuzhithurai, Kanyakumari District, to consider the petitioner's representation dated 03.02.2025 and pass orders on the same.

2. The petitioner claims that he is the President of Devotees Association of Arulmigu Sree Bhadhreswari Amman Devasthanam at Panangalmukku, Thengapattanam Post, Kanniyakumari District. He pleads that the temple is a private one and an ancient temple. It is proposed to celebrate Maasi Thiruvizha from 23.02.2025 to 04.03.2025. Obviously, for the said purpose, they want to

put up decorative arches across the road leading to the temple for the purpose of intimating the villagers about the festival. As the permission has not been granted, he has moved this Court by way of writ petition.

3. The petitioner relies upon an order passed by this Court in W.P. (MD).No.4014 of 2024 dated 21.02.2024, wherein Mr.Justice G.R.Swaminathan was pleased to pass an order permitting the petitioner to put up arches, as long as the same, does not cause hindrance to the general public.

4. The learned Additional Government Pleader, on instructions, has produced a copy of the letter dated 13.02.2025 from the first respondent. By that instruction, the first respondent has informed that the District Collector, Kanniyakumari District has prohibited the erection of banners and decorative arches along the road on 23.06.2022, referring to an interim order of this Court in W.P.No.21368 of 2021 dated 30.11.2021. The Additional Government Pleader pleads that, as there is a prohibition, the Highways authorities are merely complying with the same.

5. A copy of the interim order passed by this Court on 30.11.2021 in W.P.No.21368 of 2021 has also been placed for perusal of this Court.

6. I have considered the submissions of both sides.

7. At the outset, I should point out that the Division Bench of this Court has not prohibited the erection of digital banners or placards totally. The writ petitioner before the Principal Bench of this Court sought the initiation of action against the illegal erection and placement of illegal banners, flex boards, arches, etc. The Division Bench, taking into consideration that there are rules governing the erection of banners, had directed the state respondents not to permit the erection of digital banners, without compliance with the rules.

8. It is one thing to say that the erection of banners should comply with the rules and it is totally another to state that this Court had banned the erection of banners totally.

9. The state respondent seems to be under the impression that there has been a total ban on the erection of digital banners by virtue of the order dated 30.11.2021.

10.It is common knowledge that those in management of the temples and other religious institutions will intimate the general public regarding the celebrations to be carried out. Prior to the erection of the placards or banners, they have to comply with the requirements of the Tamil Nadu Urban Local Bodies (Permission for Erection of Digital Banners and Placards) Rules, 2011. A reference has to be made to two previous orders passed by this Court granting relief to the petitioner therein in W.P(MD)No.6667 of 2022, dated 11.04.2022 and W.P(MD)No.4014 of 2024, dated 21.02.2024. As the plea that the Division Bench has banned the erection of placards and banners does not hold water, there shall be a direction to the first respondent to consider the representation of the petitioner in the light of the aforesaid two previous orders passed by this Court. It is open to the respondents to impose such conditions, as may be necessary, in the interest of the general public, prior to the grant of permission.

11. This writ petition is ordered accordingly. No costs.

17.02.2025

NCC : Yes/No Index : Yes/No Internet:Yes skn

To

• 1.The Deputy Divisional Engineer, National Highways Department, Kuzhithurai, Kanyakumari District.
• 2.The District Collector, Kanyakumari District, Nagercoil.
• 3.The Superintendent of Police, Kanyakumari District, Nagercoil.
• 4.The Inspector of Police, Pudhukadai Police Station, Pudhukadai, Kanyakumari District.

V.LAKSHMINARAYANAN, J.

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Writ Petition(MD)No.3812 of 2025

17.02.2025