No point to litigation, Madras HC suggests amending the law to counter illegal banners, hoardings

The Madras High Court has suggested the state government consider amending the law so that those putting up banners, hoardings etc. in Tamil Nadu are required to display a message intimating that they have obtained all the necessary permits and approvals for the same..The First Bench of Chief Justice Indira Banerjee and PT Asha has directed that the state should consider this proposal within six months..However, prior to making the recommendation, the Chief Justice echoed the views expressed by Justice TS Sivagnanam, that Court orders passed against illegal banners and hoardings in the state appear to yield no result..Earlier this month the Bench of Justice Sivagnanam and Bhavani Subbarayan expressed its reluctance to take a writ petition filed against obstructive hoardings, this time in the OMR area. The order passed by the Bench noted that earlier litigation on the issue remained as mere “paper orders.”.Justice Sivagnanam even took to advising that the state counsel not make promises on behalf of the government in his zeal to argue. Instead, he recommended that the counsel file an affidavit admitting its powerlessness in the situation..“…file an affidavit saying, sorry sir, our machinery is too weak. We are unable to do anything…the pressure on us is too much.”.When yet another writ petition, filed by the social activist, Traffic Ramaswamy, came up before the First Bench, the Chief Justice was constrained to remark that Justice Sivagnanam was right in his assessment of the situation..The Court went on to observe that it was also not in a position to impose a ban on hoardings and banners, given its earlier decision to lift the ban imposed by a single judge on depicting living persons on banners, hoardings etc..“We would be violating our own orders…”.Therefore, while recommending that the state introduce legal amendments to tackle the issue, the Court disposed of the writ petition with the following observation..“Since there are several writ petitions in this court we need not entertain yet another…Needless to mention that banners should only be put up with strict compliance with the provisions of law and requisite approvals…”