High Court · 2024

W.P.No.28547 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 25.09.2024CORAM:THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYANW.P.No.28547 of 2024and W.M.P.No.31108 of 20241. M/s.Woodlands Theatre, Rep.By Its Partner N.Venkatesh2. M/s.Rohini Movie Park, Rep.By Its Managing Partner, R.Panneerselvam ... PetitionersVs1. The Commissioner, The Greater Chennai Corporation, Rippon Building, Chennai – 600 003.2. The Assistant Executive Engineer, Zone-IX, No.1 Lake Area, 4th Cross Street, Nungambakkam, Chennai 600034.3. The Assistant Executive Engineer, Zone X, No.117, N.S.K. Salai, Kodambakkam, Chennai 600024. ... RespondentsPrayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, forbearing the respondents from in any manner acting in violation of the provisions of Page 1 of 8 https://www.mhc.tn.gov.in/judis W.P.No.28547 of 2024Section 117-Q of Tamil Nadu Urban Local Bodies Act, 1998 read with Rule 327 of Tamil Nadu Urban Local Bodies Rules, 2023 either by destroying or removing the cinema banners affixed in the theatre premises which are in the nature of self-advertisement in respect of the cinemas screened in the theatre.For Petitioner : Mr.C.JagadishFor Respondents : Mr.D.B.R.Prabhu Standing Counsel ORDERThis writ petition has been filed for direction forbearing the respondents from in any manner acting in violation of the provisions of Section 117-Q of Tamil Nadu Urban Local Bodies Act, 1998 read with Rule 327 of Tamil Nadu Urban Local Bodies Rules, 2023 either by destroying or removing the cinema banners affixed in the theatre premises which are in the nature of self-advertisement in respect of the cinemas screened in the theatre.2. Heard the learned counsel on either side and perused the materials available on record.3. The first petitioner is a license holder under C form of M/s Page 2 of 8 https://www.mhc.tn.gov.in/judis W.P.No.28547 of 2024Woodlands Theatre and the Woodlands Symphony and currently carrying on business at Door No.23, West Cott Road, Royapettah, Chennai – 600 014, since 1986. Similarly, the second petitioner is carrying on business in screening cinemas at Rohini Theatres at 141/2, Poonamallee High Road, Koyambedu, Chennai – 600 107 and screening cinemas in 7 screens. At times 7 cinemas are screened in seven screens separately. Whatever the films are being released and screened in their cinema theatres will be advertised through posters and cinema banners which are affixed in the theatre premises. This practice is in existences since 1986. While being so, the respondents visited their premises and forcibly removed all the posters and cinema banners affixed in the theatre premises which were in the nature of self-advertisement in respect of the business carried on by them in the theatre premises. It is a clear violation of provisions under Section 117-Q of Tamil Nadu Urban Local Bodies Act, 1998 read with Rule 327 of Tamil Nadu Urban Local Bodies Rules, 2023.4. On instructions, the learned Standing Counsel appearing for the respondents submitted that the petitioners are not permitted to put up any hoarding and cut-outs in respect of the cinemas which are screened in Page 3 of 8 https://www.mhc.tn.gov.in/judis W.P.No.28547 of 2024their theatres.5. It is relevant to extract the provisions under Section 117-Q of Tamil Nadu Urban Local Bodies Act, 1998 as follows:-“ 117-Q Exemption:-Nothing contained in this Chapter shall apply to any hoarding, digital banner or placard on which is exhibited any advertisement which relates to,(a) the trade or business carried on within the land or building upon or over which such hoarding, digital banner or placard is erected or to any sale or letting of such land or building or any effects therein or to any sale,entertainment or meeting to be held upon or in such land or building;(b) the name of the land or building, upon or over which the hoarding, digital banner or placard is erected or to the name of the owner or occupier of such land or building:Provided that the exemption under this section shall be subject to such size and nature of the hoarding, digital banner or placard, as may be prescribed.”6. Thus, it is clear that the petitioners are exempted for hoarding, digital banner or placard which exhibited any advertisement related to their trade or business carried on within the land or building. As per the proviso, the size and nature of the hoarding, digital banner or placard is prescribed by the Gazette Notification dated 31.01.2019. Accordingly, the maximum size of hoarding to be erected shall be as given in the table below:-Page 4 of 8 https://www.mhc.tn.gov.in/judis W.P.No.28547 of 2024SI.NoRoad-width/No.of LanesMaximum size of displayDistance of placement from road junction1.Any road for shops3ft*width of the shopsNot applicable2.50 feet/4 lanes20ft x 10ft3.80 feet/6 lanes30ft x15ft4.120 feet or more40ft x 20ft100 mtrs7. Further, the cinema banners exhibiting the cinemas screened in the theatre are only 40 x 20 size and no cut outs are permitted in the theatre premises and the cinema banners do not exceed the frontage of the premises nor the width of the building. Though the petitioners advertised the cinemas by hoarding and banners, within the size prescribed under the Gazette notification, the respondents removed the banners and hoardings which were exhibiting their cinemas.8. In view of the above, the respondents are restrained from in any manner acting in violation of the provisions of Section 117-Q of Tamil Nadu Urban Local Bodies Act, 1998 read with Rule 327 of Tamil Nadu Urban Local Bodies Rules, 2023 either by destroying or removing the cinema banners affixed in the theatre premises which are in the nature of Page 5 of 8 https://www.mhc.tn.gov.in/judis W.P.No.28547 of 2024self-advertisement in respect of the cinemas screened in the theatre. It is also made clear that if there is any violation of Section 117-Q of Tamil Nadu Urban Local Bodies Act, 1998 read with Rule 327 of Tamil Nadu Urban Local Bodies Rules, 2023, the respondents are at liberty to take appropriate action as against the petitioners in accordance with law.9. With the above directions, this writ petition is disposed of. Consequently, connected Miscellaneous petition is closed. There shall be no order as to costs.25.09.2024(½)Internet: YesIndex : Yes/NoNeutral Citation : Yes/NoSpeaking/Non Speaking ordermnTo1. The Commissioner, The Greater Chennai Corporation, Rippon Building, Chennai – 600 003.Page 6 of 8 https://www.mhc.tn.gov.in/judis W.P.No.28547 of 20242. The Assistant Executive Engineer, Zone-IX, No.1 Lake Area, 4th Cross Street, Nungambakkam, Chennai 600034.3. The Assistant Executive Engineer, Zone X, No.117, N.S.K. Salai, Kodambakkam, Chennai 600024.Page 7 of 8 https://www.mhc.tn.gov.in/judis W.P.No.28547 of 2024G.K.ILANTHIRAIYAN. J,mnW.P.No.28547 of 202425.09.2024Page 8 of 8

W.P.No.28547 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 25.09.2024CORAM:THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYANW.P.No.28547 of 2024and W.M.P.No.31108 of 20241. M/s.Woodlands Theatre, Rep.By Its Partner N.Venkatesh2. M/s.Rohini Movie Park, Rep.By Its Managing Partner, R.Panneerselvam ... PetitionersVs1. The Commissioner, The Greater Chennai Corporation, Rippon Building, Chennai – 600 003.2. The Assistant Executive Engineer, Zone-IX, No.1 Lake Area, 4th Cross Street, Nungambakkam, Chennai 600034.3. The Assistant Executive Engineer, Zone X, No.117, N.S.K. Salai, Kodambakkam, Chennai 600024. ... RespondentsPrayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, forbearing the respondents from in any manner acting in violation of the provisions of Page 1 of 8 https://www.mhc.tn.gov.in/judis W.P.No.28547 of 2024Section 117-Q of Tamil Nadu Urban Local Bodies Act, 1998 read with Rule 327 of Tamil Nadu Urban Local Bodies Rules, 2023 either by destroying or removing the cinema banners affixed in the theatre premises which are in the nature of self-advertisement in respect of the cinemas screened in the theatre.For Petitioner : Mr.C.JagadishFor Respondents : Mr.D.B.R.Prabhu Standing Counsel ORDERThis writ petition has been filed for direction forbearing the respondents from in any manner acting in violation of the provisions of Section 117-Q of Tamil Nadu Urban Local Bodies Act, 1998 read with Rule 327 of Tamil Nadu Urban Local Bodies Rules, 2023 either by destroying or removing the cinema banners affixed in the theatre premises which are in the nature of self-advertisement in respect of the cinemas screened in the theatre.2. Heard the learned counsel on either side and perused the materials available on record.3. The first petitioner is a license holder under C form of M/s Page 2 of 8 https://www.mhc.tn.gov.in/judis W.P.No.28547 of 2024Woodlands Theatre and the Woodlands Symphony and currently carrying on business at Door No.23, West Cott Road, Royapettah, Chennai – 600 014, since 1986. Similarly, the second petitioner is carrying on business in screening cinemas at Rohini Theatres at 141/2, Poonamallee High Road, Koyambedu, Chennai – 600 107 and screening cinemas in 7 screens. At times 7 cinemas are screened in seven screens separately. Whatever the films are being released and screened in their cinema theatres will be advertised through posters and cinema banners which are affixed in the theatre premises. This practice is in existences since 1986. While being so, the respondents visited their premises and forcibly removed all the posters and cinema banners affixed in the theatre premises which were in the nature of self-advertisement in respect of the business carried on by them in the theatre premises. It is a clear violation of provisions under Section 117-Q of Tamil Nadu Urban Local Bodies Act, 1998 read with Rule 327 of Tamil Nadu Urban Local Bodies Rules, 2023.4. On instructions, the learned Standing Counsel appearing for the respondents submitted that the petitioners are not permitted to put up any hoarding and cut-outs in respect of the cinemas which are screened in Page 3 of 8 https://www.mhc.tn.gov.in/judis W.P.No.28547 of 2024their theatres.5. It is relevant to extract the provisions under Section 117-Q of Tamil Nadu Urban Local Bodies Act, 1998 as follows:-“ 117-Q Exemption:-Nothing contained in this Chapter shall apply to any hoarding, digital banner or placard on which is exhibited any advertisement which relates to,(a) the trade or business carried on within the land or building upon or over which such hoarding, digital banner or placard is erected or to any sale or letting of such land or building or any effects therein or to any sale,entertainment or meeting to be held upon or in such land or building;(b) the name of the land or building, upon or over which the hoarding, digital banner or placard is erected or to the name of the owner or occupier of such land or building:Provided that the exemption under this section shall be subject to such size and nature of the hoarding, digital banner or placard, as may be prescribed.”6. Thus, it is clear that the petitioners are exempted for hoarding, digital banner or placard which exhibited any advertisement related to their trade or business carried on within the land or building. As per the proviso, the size and nature of the hoarding, digital banner or placard is prescribed by the Gazette Notification dated 31.01.2019. Accordingly, the maximum size of hoarding to be erected shall be as given in the table below:-Page 4 of 8 https://www.mhc.tn.gov.in/judis W.P.No.28547 of 2024SI.NoRoad-width/No.of LanesMaximum size of displayDistance of placement from road junction1.Any road for shops3ft*width of the shopsNot applicable2.50 feet/4 lanes20ft x 10ft3.80 feet/6 lanes30ft x15ft4.120 feet or more40ft x 20ft100 mtrs7. Further, the cinema banners exhibiting the cinemas screened in the theatre are only 40 x 20 size and no cut outs are permitted in the theatre premises and the cinema banners do not exceed the frontage of the premises nor the width of the building. Though the petitioners advertised the cinemas by hoarding and banners, within the size prescribed under the Gazette notification, the respondents removed the banners and hoardings which were exhibiting their cinemas.8. In view of the above, the respondents are restrained from in any manner acting in violation of the provisions of Section 117-Q of Tamil Nadu Urban Local Bodies Act, 1998 read with Rule 327 of Tamil Nadu Urban Local Bodies Rules, 2023 either by destroying or removing the cinema banners affixed in the theatre premises which are in the nature of Page 5 of 8 https://www.mhc.tn.gov.in/judis W.P.No.28547 of 2024self-advertisement in respect of the cinemas screened in the theatre. It is also made clear that if there is any violation of Section 117-Q of Tamil Nadu Urban Local Bodies Act, 1998 read with Rule 327 of Tamil Nadu Urban Local Bodies Rules, 2023, the respondents are at liberty to take appropriate action as against the petitioners in accordance with law.9. With the above directions, this writ petition is disposed of. Consequently, connected Miscellaneous petition is closed. There shall be no order as to costs.25.09.2024(½)Internet: YesIndex : Yes/NoNeutral Citation : Yes/NoSpeaking/Non Speaking ordermnTo1. The Commissioner, The Greater Chennai Corporation, Rippon Building, Chennai – 600 003.Page 6 of 8 https://www.mhc.tn.gov.in/judis W.P.No.28547 of 20242. The Assistant Executive Engineer, Zone-IX, No.1 Lake Area, 4th Cross Street, Nungambakkam, Chennai 600034.3. The Assistant Executive Engineer, Zone X, No.117, N.S.K. Salai, Kodambakkam, Chennai 600024.Page 7 of 8 https://www.mhc.tn.gov.in/judis W.P.No.28547 of 2024G.K.ILANTHIRAIYAN. J,mnW.P.No.28547 of 202425.09.2024Page 8 of 8