Madras HC: Issue warrants against firms in hoardings case

Chennai: The Madras HC has ordered issue of bailable warrants against officers/managing directors of 42 firms, engaged in the business of advertisements (hoardings), for their production before the court since they failed to appear despite being served  notices.

A Division Bench comprising Chief Justice Sanjay Kishan Kaul and Justice M. M. Sundresh issued  the directive while passing interim orders on a PIL by K. Muthukrishnan.

Pointing out that the 42 firms have chosen to absent themselves rather than face court proceedings, as further inquiries would be required, the Bench said, “We are not willing to accept the position where such parties keep away from court proceedings and break the law. We have thus no option but to issue bailable warrants against them and impose Rs 10,000 with one surety each for a like sum towards bond”.

Additional advocate-general submitted as on April 7, 2016, 219 hoardings had been removed and there were no other hoardings to be removed. Railways counsel submitted as for the six hoardings on railway land, it requires permission from corporation. If permission has not been obtained from corporation, the latter was free to remove the same.

Noting there were 20 petitions qua hoardings on railway lands, where the parties may be enjoying interim orders, the Bench directed the registry to post those petitions as batch on the next date of hearing. The Bench said Additional advocate-general says in 40 cases, even after removal, there was an endeavour to put back some kind of structure so that subsequently hoardings can be installed. He said in view of legal consequences, in fact coercive criminal action can be taken, and to investigate how these people were carrying on/continuing the business, their custody may be required. That being the position, police would be well within its right to take such people in custody for interrogation.