CHENNAI: The Madras high court has directed the Chennai police commissioner to ensure prompt registration of FIR in all unauthorised hoarding cases and take necessary action.
A Division Bench comprising Chief Justice Sanjay Kishan Kaul and Justice M. M. Sundresh gave the directive while posting for April 12 further hearing of a PIL from a social activist 'Traffic’ Ramaswamy.
The bench said in the course of arguments, it transpires that hoarding business may be controlled by a handful of people, possibly 10 and thus, appropriate action was necessary for repeated violations.
“The menace has brought such a state of affairs that we are of the view that the only way to control the same is by making it not worthwhile both monetarily and by criminal action for the violators to carry on this activity in an unregulated manner.
We believe that prima facie the owners of the properties who have earned revenue from such licenses by giving license to persons carrying on the business to put up the hoardings on their properties should be called upon to deposit the whole amount in court and the question of penalty can also then be considered. This fate would also befall on the persons who are carrying on the business of this nature”, the bench added.
Pointing out that the fine amount of Rs 10,000 for contravention of Chennai City Municipal Corporation Act in respect of hoardings was very low, the bench said this aspect should be taken up by State government to provide for a punitive amount of penalty.
“We feel that priority must be given to these cases and the Registrar General is directed to take steps for designation of a magistrate to hear such cases, the moment charge sheet is filed. Needless to say that we would expect quick investigation by the police, as the scope is very limited”, the Bench added.
Noticing that three respondents, alleged to be carrying on such business (hoardings) have entered appearance through an advocate and have chosen to absent themselves from court proceedings, the Bench ordered issue of bailable warrant for production of these people before court.
HC imposes costs in TNPSC case
Slamming the Tamil Nadu Public Service Commission and its newly appointed members for not filing their counter affidavits, the Madras high court has said if they wish to file their counter affidavits, they may do so within two weeks, subject to depositing costs of Rs 5,000 each.
Posting for June 13, further hearing of PILs, including one from T. K. S. Elangovan, a former DMK MP, which challenged the appointment of 11 members to TNPSC, a Division Bench comprising Chief Justice Sanjay Kishan Kaul and Justice M. M. Sundresh also said the records relating to deliberations and selection duly flagged be kept available.
The court said counter affidavit has been filed by the Chief Secretary beyond time on the anvil of the hearing, as the same had become the usual practice of the said authorities.
The TNPSC had not even done that. The private respondents (11 appointed new members) have also not filed any counter affidavit. “In the matter of some importance, we cannot accept such a casual attitude”, the Bench said.
Elangovan’s senior counsel P. Wilson submitted the appointment of 11 members to TNPSC was against the judgment of Supreme Court in a case in 2013. P. Chithanar, Deputy Secretary, Personnel and Administrative Reforms department, in a counter filed on behalf of Chief Secretary, submitted the Governor after due deliberations and careful consideration had appointed the 11 Members.
