IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21.02.2024 CORAM :

THE HON'BLE MR. JUSTICE S.S.SUNDAR AND THE HON'BLE MR.JUSTICE N.SENTHILKUMAR W.P.Nos.17250 & 17259 of 2019 Sunil Ads rep by its Proprietor K.Anandavel S/o P.Kuppusamy

16, Sathukamadam 3^rd Street Selavanpet Vellore 632 001 .. Petitioner in both the W.P's v.

1. District Collector, Vellore Collectorate Building Vellore 632 009 .. 1^st Respondent in both the W.P's

2. Corporation of Vellore rep by its Commissioner Vellore 632 001 .. 2^nd Respondent in both the W.P's

3. The State Highways rep by Divisional Engineer (Operation and Maintenance)

Vellore .. 3^rd Respondent in WP.17250/2019

4. National Highways Department rep by Divisional Engineer Vellore .. 3^rd Respondent in WP.17259/2019

5. The Divisional Engineer National Highways, Vellore .. 4^th Respondent in WP.17250/2019

6. The Assistant Divisional Engineer Office of the Assistant Divisional Engineer National Highways, Vellore .. 5^th Respondent in WP.17250/2019 &

4^th Respondent in WP.17259/2019

7. The Project Director PIU, National Highway Authority of India Salem Main Road KAKC Petrol Bunk Krishnagiri 635 001 .. 6^th Respondent in WP.17250/2019 &

(Impleaded vide order of 5^th Respondent in WP.17259/2019 Court dt. 17.07.2019 in WMP Nos.20367 &

20369/2019 in WP Nos.

17250 & 17259/2019)

8. The Regional Officer National Highway Authority of India Sri Towers, III Floor, DP-34 (SP) Industrial Estate Guindy, Chennai 600 032 .. 7^th Respondent in WP.17250/2019 &

(Impleaded vide order of 6^th Respondent in WP.17259/2019 Court dt. 17.07.2019 in WMP Nos.20367 & 20369/2019 in WP Nos.17250 & 17259/2019)

W.P.No.17250 of 2019 is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records from the file of the fifth respondent in Proceedings No.Na.Ka.124/2018/U dated 17.05.2019 and quash the same and further direct the first respondent to renew the license for Route Arch Board permitted to the petitioner in his Proceedings Mu.Mu.17366/2016 dated 08.02.2016 in the State Highways and National Highways for a further period of 3 years from 1.4.2019.

W.P.No.17259 of 2019 is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, calling for the records on the file of the first respondent in Na.C3/3325/2018 dated 10.09.2018 and consequential order of the 4^th respondent in Letter Ka.No.124/2018/U dated 20.05.2019 and quash the same and further direct the 1^st respondent to renew the license for further period of three years for four advertisement hoarding located near Sarada Mansion, Anna Salai, Vellore in the National Highway as per the original license granted dated

04.08.2015.

For Petitioner :: Ms.S.P.Aaarthi For Respondents :: Mr.P.Muthukumar Additional Advocate General assisted by Mrs.V.Yamuna Devi Special Government Pleader for R1 Mrs.P.Shanthi Standing Counsel for R2 No appearance for R3 to R7 /

R3 to R6 in both the writ petitions COMMON ORDER (Order of the Court was made by S.S.SUNDAR,J.)

These two writ petitions are filed challenging the impugned order(s)

passed by the fifth respondent in W.P.No.17250 of 2019 and the first and fourth respondents in W.P.No.17259 of 2019 respectively.

2. The brief facts that are necessary for the disposal of these writ petitions are as follows:

(a) The petitioner in these two writ petitions is a proprietary concern and carrying on business in the field of advertisements by erection of hoardings and digital boards. In W.P.No.17250 of 2019, the petitioner applied to the first respondent to permit to construct route board arch in the National Highways within the jurisdiction of the second respondent. After an enquiry, it appears that the petitioner also executed a lease agreement to erect 20 route arch boards in the National Highways for a period of 5 years, which expired on 13.03.2021. The grievance of the petitioner, while challenging the order impugned in W.P.No.17250 of 2019, is that the first re