P.Kamala Kannan v. The Sub Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.02.2026

CORAM

THE HON'BLE MR.MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE G.ARUL MURUGAN P.Kamala Kannan :

Petitioner Vs 1.The Sub Collector Chidambaram Town Cuddalore District-608 001 2.The Commissioner Chidambaram Municipality office Chidambaram, Cuddalore District-608 001 3.K.Raja :

Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the 2nd respondent to consider the petitioner's representation dated 14.12.2025 to stop the constructions of Ground Base Mobile Tower work immediately and remove the same on the property of K.Raja S/o.Krishnamoorthy at No.48, 11A, Ellai Amman Koil Street, Chidambaram, comprised in Survey No.339/2C, Chidambaram Town, in the light of guidelines issued by the Department of Telecom dated 01.08.2013.

For Petitioner :

Mr.M.Antony Jesurajan For Respondents 1, 2 :

Mr.A.Edwin Prabhakar, State Government Pleader

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Challenge to erection of mobile tower in the property of the third respondent is premised on the ground that it is against the guidelines. There is no averment in the petition that without permission, such mobile tower has been erected. Therefore, unless permission granted for erection of mobile tower is assailed, the petition is not maintainable. The petition is therefore dismissed. There will be no order as to costs.

2. However, dismissal of this petition will not come in the way of the municipal authorities in examining the complaint made by the petitioner, on its own merits.

(MANINDRA MOHAN SHRIVASTAVA, CJ.) (G.ARUL MURUGAN, J.) 17.02.2026 Index : Yes/No : Yes/No tar

To 1.The Sub Collector Chidambaram Town Cuddalore District-608 001 2.The Commissioner Chidambaram Municipality office Chidambaram, Cuddalore District-608 001

THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN , J.

(tar) 17.02.2026