M.Panneerselvam v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.01.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY M.Panneerselvam ..

Petitioner Vs.

1. The District Collector Tiruvallur District.

2. The Commissioner Avadi Corporation Avadi, Chennai 600 054.

3. The Deputy Director General Telecom Enforcement Resource and Monitoring (TERM Cell) 3rd Floor, Kellys Telephone Exchange 22, Kellys Road, Chennai 600 010.

4. The Executive Engineer Tamil Nadu Electricity Board N.M.Road, Avadi, Chennai 600 054.

5. Johnson

6. The Inspector of Police T9, Police Station Pattabiram, Chennai 600 072.

7. ATC Telecom Tower Corporation Private Limited 'Celestiel Point' No.45 Dhamotharan Street, T.Nagar Chennai 600 017.

..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the respondents 1 to 4 and 6 herein to take necessary steps against the 5th respondent herein from further construction of cell phone tower at No.4/1, Thiruvalluvar Street, Kamarajapuram, Pattabiram, Chennai 600 072. For the Petitioner : No appearance For the Respondents : Mr.T.K.Saravanan Government Advocate for Respondents 1 & 6 Mr.L.Jaivenkatesh for Respondent-4 Mr.R.Harikrishnan for Respondent-5 No appearance - for Respondent-7 Not ready in notice - Respondents 2 & 3

ORDER

(Made by the Hon'ble Chief Justice) None appears for the petitioner. We have heard Mr.T.K.Saravanan, learned Government Advocate for the respondents

1 and 6, Mr.L.Jaivenkatesh, learned counsel for the fourth respondent and Mr.R.Harikrishnan, learned counsel for the fifth respondent.

2. A direction is sought to the effect that the fifth respondent shall not proceed with the further construction of cellphone tower at No.4/1, Thiruvalluvar Street, Kamarajapuram. The petition appears to have been filed in 2020. More than four years have passed. With the passage of time, nothing would survive in the petition.

3. As none appears for the petitioner, the writ petition is dismissed for non prosecution. There will be no order as to costs. Consequently, W.M.P.No.571 of 2020 is also dismissed. (S.V.G., CJ.) (D.B.C., J.) 02.01.2024 Index :

Yes/No :

Yes/No kpl

To

1. The District Collector Tiruvallur District.

2. The Commissioner Avadi Corporation Avadi, Chennai 600 054.

3. The Deputy Director General Telecom Enforcement Resource and Monitoring (TERM Cell) 3rd Floor, Kellys Telephone Exchange 22, Kellys Road, Chennai 600 010.

4. The Executive Engineer Tamil Nadu Electricity Board N.M.Road, Avadi, Chennai 600 054.

5. The Inspector of Police T9, Police Station Pattabiram, Chennai 600 072.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J (kpl) 02.01.2024