Mrs.K.Anandhi Rep. By Her v. Union Of India
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.09.2021
CORAM
THE HONOURABLE MR. JUSTICE R.MAHADEVAN W.P. No. 12646 of 2016 and W.M.P. No. 11003 of 2016 K. Anandhi rep. by her father and power of attorney A.S.Ganapathy S/o.K.Sivanu Nadar 49-B, Surya Avenue, Chrompet, Chennai - 600 044.
..Petitioner
Versus
1. Union of India Rep by its Secretary Ministry of Communication & Information Technology Electronics Niketan, 6, CGO Complex, Lodhi Road New Delhi - 110003.
2. Union of India Rep by its Secretary Ministry of Environmental Protection & Pollution Control Parayavaran Bhavan, CGO Complex, Lodhi Road New Delhi - 110003.
3. The State of Tamil Nadu Rep by its Secretary Department of Environment & Forest - EC Fort St. George, Chennai - 600032
4. Tamil Nadu Pollution Control Board Rep by its Member Secretary Anna Salai, Chennai - 600032
5. The Commissioner Pallavaram Municipality Pallavaram, Chennai - 600043
6. The Reliance Communication Ltd Rep by its Managing Director 'H' Block, 1st Floor DAKC, Navi, Mumbai - 400709
7. R.M. Manivannan
8. K. Vijayasamudeeswari ..Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the respondents 1 to 5 to remove the installation of mobile tower having been erected by the sixth respondent from Plot No. 48 (PART) & 49-A, Surya Avenue, Chrompet, Chennnai - 44 belonging to the Respondents - 7 and 8 with a further direction to the 6th respondent to relocate the proposed commissioning of the mobile/cell phone tower in any other suitable place as per the rules and after obtaining mandatory permissions. For Petitioner :
Mr. K. Ravi Anantha Padmanaban For Respondents :
Mr.T.L. Thirumalaisamy (For R1 & R2) Central Government Standing Counsel Mr. Stalin Abhimanyu (For R3) Government Counsel Mr. P. Srinivas (For R5) Mr. Shivakumar (For R6) No appearance (For R4, R7 & R8)
ORDER
This relief sought in this writ petition is to issue a mandamus directing the respondents 1 to 5 to remove the installation of mobile tower having been erected by the sixth respondent from Plot No.48 (PART)& 49-A, Surya Avenue, Chrompet, Chennnai -44 belonging to the respondents 7 and 8 with a further direction to the sixth respondent to relocate the proposed commissioning of the mobile/cell phone tower in any other suitable place as per the rules and after obtaining mandatory permissions.
2.Today, when the matter is taken up for consideration, it is represented by the learned counsel for the sixth respondent that no tower was erected at the subject place and hence, nothing survives for adjudication.
3.Recording the submission so made by the learned counsel
for the sixth respondent, this writ petition stands closed. No costs. Consequently, connected miscellaneous petition is also closed.
Sd/- Assistant Registrar(CJ-CONF) //True Copy// Sub Assistant Registrar dhk/rk To
1. The Secretary Union of India Ministry of Communication & Information Technology Electronics Niketan, 6, CGO Complex, Lodhi Road New Delhi - 110003.
2. The Secretary Union of India Ministry of Environmental Protection & Pollution Control Parayavaran Bhavan, CGO Complex, Lodhi Road New Delhi - 110003.
3. The Secretary The State of Tamil Nadu Department of Environment & Forest - EC Fort St. George, Chennai - 600032
4. The Member Secretary Tamil Nadu Pollution Control Board Department of Environment & Forest - EC Anna Salai, Chennai - 600032
5. The Commissioner Pallavaram Municipality Pallavaram, Chennai - 600043 +1cc to the Government Pleader, S.R.No.45199 +1cc to Mr.T.L.Thirumalaisamy, Advocate, S.R.No.45306 W.P. No.12646 of 2016 PVS(CO) RGA(11/10/2021)