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A Division bench of Madras High Court, constituting of Chief Justice Indira Banerjee and Justice R Hemalatha has removed the ban imposed by Justice S Vaidyanathan on hoardings featuring living person.
As in October when the petition was filed, Justice Vaidyanathan directed Chief Secretory to the state Govt to ensure that:
“… the provisions of the Tamil Nadu Open Places (Prevention of Disfigurement) Act, 1959, amended from time to time, are complied with. If at all any permission is given by the authority concerned for erecting banners, flex boards, sign-boards, etc., the authority concerned shall ensure that the photographs/pictures of such persons who are alive, shall not be depicted by way of those banners, flex boards, sign-boards, etc.
It is further directed to ensure that the photographs/pictures of the persons, who are sponsoring for the photographs/pictures, shall also not be depicted.”
An appeal was filed against the order by the Municipal Corporation as they mentioned that at the time of passing of order it was not taken in to account the adverse effect of ban on advertising industry and the loss of revenue they may suffer. It was observed by the bench that there was no challenge to any act, rules or regulations before the single judge, when he passed the impuged order.
The reason the court finds fit to set aside the Justice S Vaidyanathan order was that the single judge has gone beyond the limits in legislative domain. The court also mentioned that the order is still operational and the authorities are bound to ensure that the hoardings and banners are not restricting the path of the pedestrians and vehicles.
The court also stated that:
“any erection of banners, hoardings, placards, arches and the like would have to strictly comply with the prevailing laws i.e. the Tamil Nadu Open Places Prevention of Disfigurement Act 1959, the Tamil Nadu Urban Local Bodies (Permission for Erection of Digital Banners and Placards) Rules, 2011 as well as the Municipal Corporations Act “
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