Continuous monitoring and removal of unauthorized hoardings and advertisements by the authorities led to the disposal of the writ petition.

JUDGMENT

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the respondents 1 to 4 to take immediate legal action and remove the illegal hoardings, banners advertisements and brochures wrongfully reflecting that the layout ''Brindhavan Garden'' is situated in Appanaickenpatti Village erected by the fifth respondent and to restrain the fifth respondent from wrongfully mentioning Appanaickenpatti Village''s name in any of their advertisements.)

P. Dhanabal, J.

This Writ Petition has been filed seeking a direction to the respondents 1 to 4 to take immediate legal action and remove the illegal hoardings, banners, advertisements and brochures wrongfully reflecting the layout ''Brindhavan Garden'' is situated in Appanaickenpatti Village erected by the fifth respondent and to restrain the fifth respondent from wrongfully mentioning Appanaickenpatti Village''s name in any of their advertisements.

2. According to the petitioner, he is the President of Appanaickenkpatti Village, Coimbatore. The fifth respondent herein has developed and marketed a layout, namely, "Brindhavan Garden" promoted by Kodies Promoters in respect of S.Nos.186/1B2, 186/1c2, 183/1B1A, 186/2B, 186/2C, 186/2D, 183/1B1B, 184/2, 184/3, 186/1B1, 186/1B2, 186/1B3, 186/1C1 situated in Karadivavi Panchayat, Palladam Taluk, Tiruppur District. The said survey numbers and extent of lands comprised in "Brindhavan Garden", do not fall under the jurisdiction of Appanaickenkpatti Village, but in the website, brochures, radio advertisements, flex boards, banners, and hoardings erected and issued by the fifth respondent reflected and stated that the said "Brindhavan Garden" is located at Appanaickenkpatti Village, Sulur Taluk, Coimbatore District. In order to mislead and defraud the public and to get high value for the properties, the fifth respondent has developed that the "Brindhavan Garden" is located in Appanaickenkpatti Village. The fifth respondent has erected banners, hoardings, advertisement boards and flexes extensively in and around Coimbatore District without obtaining prior permission of the first respondent/District Collector. In this regard, the petitioner had sent a letter dated 05.01.2023 to the fifth respondent requesting him to remove the name of the Appanaickenkpatti Village from the advertisements and hoardings, but he did not respond to the aforesaid letter. Further, the petitioner addressed a letter dated 27.01.2023 to the respondents 1 and 2 requesting them to take immediate action against the said illegal erection of hoardings/advertisements and banners and to restrain the fifth respondent in mentioning the Appanaickenkpatti Village in the advertisements. However, the respondents have not taken any steps on the representation of the petitioner dated 27.01.2023. Therefore, the petitioner has come forward with the present writ petition under Article 226 of the Constitution of India.

3. Earlier, this Court passed an order dated 12.06.2023 directing the District Collector, Coimbatore, to inspect and file a comprehensive report regarding unauthorized hoardings and digital banners erected in and around Coimbatore District.

4. Today, when the matter is taken up for hearing, the learned counsel appearing for the first respondent/District Collector submitted a Status Report pointing out that 212 unauthorized banners and 187 unauthorized flexes have been identified and removed by the respective Block Development Officers. In Sulthanpet Block, 07 unauthorized banners and 15 unauthorized flexes have been identified and removed by the Sulthanpet Block Development Officers. Further, the hoardings/advertisements erected by the fifth respondent in Appanaickenkpatti Village pertaining to the writ petition have also been removed. Further, it is stated that the unauthorized hoardings/advertisements placed in the limits of Coimbatore Corporation are monitored from time to time by the Zonal Assistant Town