JUDGMENT : Indira Banerjee, J. 1. In this writ petition by way of public interest, the petitioner has prayed for a declaration that erection of dangerous hoardings, arches, banners and flex-boards on public roads, passages and pedestrian pavements in Coimbatore City, without permission from the competent authority under the Tamil Nadu Open Places (Prevention of Disfigurement) Act, 1959 (hereinafter referred to as “the Prevention of Disfigurement Act”) and Tamil Nadu Urban Local Bodies (Permission for Erection of Digital Banners and Placards) Rules, 2011 (hereinafter referred to as “the Digital Banners and Placards Rules”), is illegal and liable to be forthwith removed. 2. Directions have also been sought on the respondent authorities to strictly adhere to the provisions of the Prevention of Disfigurement Act and Digital Banners and Placard Rules, in regulating the permission for erection of hoardings, arches, banners, flex-boards, etc. 3. In the writ petition, it is pleaded that the first respondent is celebrating the birth centenary of Dr. M.G. Ramachandran, Former Chief Minister of Tamil Nadu, in various places in the State of Tamil Nadu. There can be no doubt that the birth centenary of a Former Chief Minister is an important occasion to celebrate. Programmes and functions might undoubtedly be organized to mark the birth centenary of the Former Chief Minister. The question is whether celebrations to mark the centenary of a leader warrants the erection of hoardings, banners, arches, flex-boards, display boards and the like in contravention of law. The answer to the aforesaid question cannot but be in the negative. 4. The learned Advocate General appearing on behalf of the State submits that permission has been given for erection of about 258 banners and/or hoardings vide communication/order in Na.Ka.No. 9843/2017/M.S.5, dated 20.11.2017. What is produced in Court appears to be the recommendation by the Commissioner, Coimbatore City Municipal Corporation to the District Collector, Coimbatore. The communication/order reveals that recommendation has been made in respect of different stretches of roads numbering 27 and the recommendation mentions the number of banners that can be erected in those stretches. There is no topo sketch indicating the proposed approximate points of erection of each of the banners and placards. This appears to be in clear contravention of the Digital Banners and Placards Rules. 5. The learned Advocate General submits that the specific locations would be indicated in the files. There is no topo sketch indicating the proposed approximate points of erection of each of the banners and placards. This appears to be in clear contravention of the Digital Banners and Placards Rules. 5. The learned Advocate General submits that the specific locations would be indicated in the files. The actual permissions are not before us, nor the records containing the applications and/or the deliberations. The files are not before us. The celebrations are scheduled to be held on 2.12.2017. 6. Section 256 of the Coimbatore City Municipal Corporation Act, 1981 provides as follows: “Section 256. Prohibition against obstructions in streets. - No one shall build any wall or erect any fence or other obstruction or projection or make any encroachments in or over any street or any public place the control of which is vested in the corporation except as hereinafter provided.” 7. Some of the relevant provisions of the Prevention of Disfigurement Act are set out herein below for convenience: Section 3. Penalty for disfigurement by objectionable advertisements. - Whoever affixes to, or inscribes or exhibits on, any place open to public view any objectionable advertisement of either description for a term which may extend to one year or with fine which may extend to five thousand rupees or with both. Section 3-A. Penalty for disfigurement by certain categories of unauthorised advertisements without permission. (1) Subject to the provisions of Section 4-A, and without prejudice to the provisions of section 4, whoever, without the previous permission of the Traffic Committee, affixes to, or inscribes or exhibits on, any place open to public view any advertisement which - (a) obstructs the line of vision of any person or the driver of any vehicle using any public place or endangers the safety of such person, driver or vehicle; (b) distracts the attention of any pedestrian or the driver of any vehicle using any public place, in such manner as to cause real danger to such pedestrian or driver or vehicle; or (c) causes glare to the driver of any vehicle using any public place, shall be punished with imprisonment of either description for a term which may extend to one year or with fine which may extend to five thousand rupees or with both. (2) Every Traffic Committee shall, in deciding whether to grant or refuse to grant permission under sub-section (1), have regard to the following matters, namely.- (a) the location of the proposed advertisement; (b) the effect of such advertisement on moving traffic; and (c) such other matters as may be prescribed. Section 4. Penalty for unauthroized disfigurement by advertisements.- (1) Subject to the provisions of Section 4-A, whoever affixes to, or inscribes or exhibits on, any place open to public view any advertisement without the written consent of the owner or occupier or person in management of the property in which such place is situated shall be punished with imprisonment of either description for a term which may extend to three months or with fine which may extend to two hundred rupees, or with both. (2) The court while convicting the offender under sub- section (1) may, or order, also, direct the offender to pay by way of compensation to the owner or occupier or person in management of the building or premises, of such amount not exceeding five hundred rupees on the whole as may be reasonably incurred by him in erasing and colour-washing the portions of the building or premises which have been disfigured by the act of the offender. Section 4-A. Prohibition of pasting of posters and fixing of thatty boards, etc. Section 4-A. Prohibition of pasting of posters and fixing of thatty boards, etc. - (1) Notwithstanding anything contained in Section 3, 3-A or 4 or any other provision of this Act, or any law for the time being in force no person shall, in any local area - (a) affix to, or inscribe or exhibit on, any place open to public view, any poster or any effigy, or any bill, notice, document, paper or other thing containing any words, signs or visible representations; or (b) put up or fix any thatty board or board supported on, or attached to, any post, pole standard, framework or other support wholly or in part upon or over any land, building, wall or structure; Provided that nothing contained in clause (a) shall apply to - (i) any poster or advertisement relating to the profession, trade-or business carried on within the land or building, upon or over which such poster or advertisement is affixed or inscribed or exhibited, as the case may be; or (ii) any poster or advertisement affixed or inscribed or exhibited, as the case may be, on such places as may be specified by order by the Commissioner of Police in the City of Madras, Madurai and Coimbatore and the Collector of the district concerned in other local areas, subject to such conditions as may be specified in such order; or (iii) any poster or advertisement affixed or inscribed or exhibited, as the case may be, relating to any sale or letting of such land or building or any effects therein or to any sale or entertainment to be held upon or in the same; Provided further that nothing contained in clause (b) shall apply to putting up or fixing any board on any lamp post or tree belonging to the State Government or any local authority in accordance with such rules as may be prescribed in this behalf. (2) Notwithstanding anything contained in sub-section (1), the Commissioner of Police in the City of Madras, Madurai and Coimbatore and the Collector of the district concerned in other local areas, may grant permission to any person on any special occasion, to put up or fix any thatty board on poles or standards in such places, subject to such conditions and for such period, as may be specified in such permission; Provided that the Commissioner of Police or the Collector of the District concerned, as the case may be, may refuse to grant permission if he considers that such display of thatty boards may lead to traffic hazards. (3) Any person aggrieved by any decision of the Commissioner of Police or as the case may be, the Collector of the district in refusing to grant permission under sub-section (2) may appeal to the State Government and the decision of the State Government, on such appeal, shall be final. Explanation I - For the purpose of this Section, "local area" means the area within the limits of - (i) ..... (ii) .... (iii) the City of Coimbatore as defined in the Coimbatore City Municipal Corporation Act, 1981 (Tamil Nadu Act 25 of 1981) or (iv) .... (v) ..... Explanation II - For the purpose of this section, "local authority" means the Municipal Corporation of Madras, Madurai or Coimbatore or any other municipal corporation that may be constituted under any law for the time being in force or any municipality constituted under the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920) 8. The definition of “advertisement” in Section 2(a) of the Prevention of Disfigurement Act includes any effigy or any bill, notice, document, paper or other thing containing any words, signs or visible presentations. 9. Section 2(b) of the Prevention of Disfigurement Act defines “objectionable advertisement” to include any advertisement which is likely to obstruct pedestrian traffic. 10. It may be pertinent to refer to some provisions of the Digital Banners and Placards Rules. Rule 3 of the Rules provides as follows: “Rule 3. 9. Section 2(b) of the Prevention of Disfigurement Act defines “objectionable advertisement” to include any advertisement which is likely to obstruct pedestrian traffic. 10. It may be pertinent to refer to some provisions of the Digital Banners and Placards Rules. Rule 3 of the Rules provides as follows: “Rule 3. Application for permission.- (1) Every application for permission to erect digital banners or placards shall be made to the Commissioner, Corporation of Chennai, within the limits of Chennai Corporation and to the District Collector concerned in areas other than the Chennai Corporation, two days prior to the date of their proposed erection, in Form I. (2) The applicant shall submit separate applications for erection of digital banners or placards in respect of each Police Station limit. (3) Every application in Form-I shall be accompanied by.- (a) a No Objection Certificate from,- (i) the owner of the land where the digital banner or placard is to be erected on private land or building; or (ii) an Officer not below the rank of an Assistant Executive Engineer or Assistant Divisional Engineer of the State or Central Government Department concerned, where the digital banner or placard is to be erected on the land of State or Central Government; (iii) The Commissioner concerned or any person of the urban local body authorized by him in this behalf, where the digital banner or placard is to be erected on a municipal land: Provided that if digital banners or placards are to be erected in lands or buildings of different owners (both Government and private), separate no objection certificate shall be obtained from every land or building owner and submitted along with the application; (b) a No Objection Certificate from the Station House Officer of the Police Station concerned, to the effect that the proposed digital banners or placards would not be an obstruction to free and safe movement of traffic, pedestrians and vehicles. (c) a topo sketch of the roads and streets indicating the proposed approximate points of erection of each digital banner or placard. (4) Every application in Form-I shall also be accompanied by a challan showing the payment of requisite permission fee and deposit amount, as specified in rule 4. (c) a topo sketch of the roads and streets indicating the proposed approximate points of erection of each digital banner or placard. (4) Every application in Form-I shall also be accompanied by a challan showing the payment of requisite permission fee and deposit amount, as specified in rule 4. (5) The District Collector or the Commissioner, Corporation of Chennai, as the case may be, shall, on receipt of the application, scrutinise the same, and if it fulfills the requirements of the Act and these rules, grant permission in Form II for erection of digital banner or placard permission under these rules shall be given for a period of not exceeding six days including the date of erection and removal. (6) The District Collector or the Commissioner, Corporation of Chennai, as the case may be, may refuse to grant permission in Form-III, if the application is submitted belatedly or without necessary details and certificates, or without necessary permission fee or deposit or in violation of any of the provisions of the Act or these rules. (7) The permission holder shall display the following details in the bottom of the digital banners or placards, in a font size of not less than 1 inch height, namely, the Permission Number given by the District Collector or the Commissioner, Corporation of Chennai, as the case may be, period of validity, and total number of digital banners and placards for which permission has been given.” 11. The prerequisites for setting up digital banners or placards are: (i) No objection of the owner of the land where the placard is to be erected on private land or building; (ii) No objection of an officer not below the rank of an Assistant Executive Engineer of Assistant Divisional Engineer of the State or Central Government Department concerned, where the digital banner or placard is to be erected on the land of State or Central Government; (iii) No objection from the Commissioner concerned or any person of the urban local body authorized by him in this behalf, where the digital banner or placard is to be erected on a municipal land; (iv) If the digital banners or placards are to be erected in lands or buildings of different owners - both Government and private, separate no objection certificate shall be obtained from every land or building owner and submitted along with the application. (v) In addition, a No Objection Certificate is to be obtained from the Station House Officer of the Police Station concerned to the effect that the proposed digital banners or placards would not be an obstruction to free and safe movement of traffic, pedestrians and vehicles. (vi) The applications are also to contain a topo sketch of the roads and streets, indicating the proposed approximate points of erection of each digital banner or placard. 12. Only if an application fulfills the requirements of the Coimbatore City Municipal Corporation Act and the Digital Banners and Placards Rules, permission in Form-II might be given for erection of digital banners or placards for a period not exceeding six days, including the date of erection and removal. Moreover, the permission holder is required to display at the bottom of the digital banners or placards, in a font size of not less than one inch height, the permission number, period of validity and total number of digital banners and placards for which permission has been given. 13. Rule 5 of the Digital Banners and Placards Rules stipulates the maximum size of a digital banner or placard. Rule 5(5) of the Rules provides that digital banner or placard shall be erected only parallel to the footpath or road, and not across the footpath or road margin except in the case of display in the median of the road. The stipulated distance between one digital banner or placard and another is ten meters. 14. The erection of arches, placards and display boards, banners with poles, etc., abutting into public streets and pavements, which obstruct free and safe movement of traffic or free and safe movement of pedestrians or obstructs visibility of drivers is patently illegal. 15. Our attention has also been drawn to news reports of the unfortunate incident of the death of a young engineer, which, according to the petitioner, was by reason of erection of arches abutting into the road. 16. The learned Advocate General submits that all illegal arches, hoardings, banners, etc., are being removed. The learned Advocate General submitted that the accident took place because a Corporation garbage removal truck was being driven on the wrong side of the road. However, on a perusal of photographs and other materials, it appears that the accident may have been averted but for the arches abutting into the road. The learned Advocate General submitted that the accident took place because a Corporation garbage removal truck was being driven on the wrong side of the road. However, on a perusal of photographs and other materials, it appears that the accident may have been averted but for the arches abutting into the road. Of course, this observation is not to be construed as any finding of this Court with regard to the cause of the accident. The fact remains that arches abutting into roads are hazardous to pedestrians and to traffic. 17. All arches, display boards, hoardings, placards and banners with poles or frames, etc., fixed to and/or dug into the ground, which abut into highways, public streets and pedestrian pavements shall forthwith be removed. No poles or frames or structures for arches, boards, placards, hoardings, display boards or banners shall be erected on any highway, public road, public passage or pedestrian pathway or pavement. Holes caused on pavements and roads by reason of erection of frames, poles, structures, placards, hoardings, displaying boards, banners, etc., shall forthwith be repaired. This order will not, however, prevent the respondents from erecting and/or permitting the erection/setting up of display boards, hoardings, placards and banners, which do not abut into or obstruct pavements, pedestrian pathways, public streets and highways, strictly in accordance with law. For example, display boards, placards, etc., may be installed on vacant land, buildings and/or beyond the edge of the pavement/pedestrian pathway running parallel to the pavement and/or road with the requisite approvals. The writ petition is disposed of with the above directions. No costs. Consequently, W.M.P.Nos.34087 to 34089 of 2017 are closed.