The first bench comprising Chief Justice Indira Banerjee and Justice PT Asha before whom a plea moved by social activist Traffic Ramaswamy came up said, “The government and the Corporation of Chennai shall consider within six months from the date of the order for an amendment to the rules making it mandatory for all further display of hoardings and banners to indicate whether permission has been granted and if so the date, number and other particulars of the permission to enable stringent action against unauthorised erection and display of hoardings and banners.” 

Earlier, when the petitioner’s counsel submitted that a person had to be hospitalised after an illegal hoarding fell on him, the Chief Justice noted as to what purpose will be solved by entertaining this petition. Citing the observation by the division bench led by Justice TS Sivagnanam, which was on similar lines, she said the court has passed several orders in regulating the installation of hoardings but none of it has been implemented so far.

However, the Chief Justice refused to entertain the prayer put forth by the petitioner seeking a blanket ban on installation of hoardings. She said this court had set aside an order of a single judge to the extent that it banned depicting the pictures/photographs of living persons on banners, flex boards and sign boards. This was done as the advertisement industry depends on models and hence a blanket ban would be against the earlier order passed by this court.

The PIL moved by Ramaswamy had also sought for a direction to consider his representation to the authorities and restore the statutory power of the District Collectors to take regulatory measures regarding display boards, digital and cloth banners and other hoardings in Tamil Nadu. The plea had also sought for punitive action against offenders as and when necessary.

It may be noted that the Madras High Court in several of its orders had categorically held that banners and hoardings can only be put up in strict compliance of the provisions of law after getting requisite approvals or permissions. Chief Justice Indira Banerjee on a couple of occasions in the open court had brought the issue to the attention of Government Pleader and Advocate General about witnessing hoardings and banners being installed abetting roads and pavements.