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Madras High CourtWP/19723/2016dismissed as infructuous

B.Antony David, v. The District Collector,

2023-02-08Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.02.2023

CORAM

THE HONOURABLE MR. JUSTICE N.SATHISH KUIMAR and W.M.P.No.17064 of 2016 B.Antony David .. Petitioner

Versus

1.The District Collector Nilgris District Nilgris 2.The Superintendent of Police Nilgris District Nilgris 3.The Commissioner Udhagamandalam Municipal Corporation Municipality Office Udhagamandalam 4.P.Divya 5.M/s.Indus Towers Limited Rep by its Director having Circle Office at 5(NP), ESPEE IT Park 5th Floor, Jawaharlal Nehru Road Ekkattuthangal Chennai - 97 .. Respondents 1/4

Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 to 3 to take action against the erection of cell tower on the illegal structure belongs to the fourth respondent herein bearing No.182, Vivekananda Nagar, Tamilagam Road, Ooty situated within the municipal limits of Udhagamandalam by the fifth respondent.

For Petitioner : Mr.M.Santhanaraman For Respondents : Mr.S.Rajesh for R1 & 2 Government Advocate Mr.P.Srinivas for R3 Mr.C.E.Prathap for R4 Mrs.S.P.Arthi for R5

ORDER

This writ petition is filed seeking for the issuance of Writ of Mandamus to direct the respondents 1 to 3 to take action against the erection of cell tower on the illegal structure belongs to the fourth respondent herein bearing No.182, Vivekananda Nagar, Tamilagam Road, Ooty situated within the municipal limits of Udhagamandalam by the fifth respondent.

2. The learned counsel for the fifth respondent submitted the tower has been removed from the subject place, whereas, the learned counsel for the petitioner also submitted that the tower has been removed. 2/4

3. Such view of the matter, since, the tower has been removed, nothing survives for adjudication in this writ petition and the same is dismissed as infructuos. No costs. Consequently, connected miscellaneous petition is closed.

08.02.2023 dhk Index:Yes/No Internet: Yes/No To 1.The District Collector Nilgris District Nilgris 2.The Superintendent of Police Nilgris District Nilgris 3.The Commissioner Udhagamandalam Municipal Corporation Municipality Office Udhagamandalam 3/4

N.SATHISH KUMAR, J.

dhk W.P.No.19723 of 2016 08.02.2023 4/4