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Madras High CourtWP/10358/2023disposed of

K.Subramanian v. The District Collector

2023-04-06Honourable Mr Justice M.Dhandapani5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.04.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI K.Subramanian

...Petitioner

Vs.

1.

The The District Collector, Office of The District Collector, Thiruvarur.

2.

The Revenue Divisional Officer, Office of The Revenue Divisional Officer, Mannargudi, Thiruvarur District.

3.

The Chairman, Tamil Nadu Pollution Control Board, 76, Mount Salai, Guindy, Chennai - 600 032.

4.

Aircel Limited, Rep. by G.T.L Infrastructure Ltd, 1st Floor, Noble Business Centre, P.N.Palayam, Avinashi Road, Coimbatore.

5.

Vasundhradevi

...Respondents

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the respondents 1 to 3 to remove the damaged and abandoned Aircel cell phone tower installed at Survey 1/5

No.2456/1 land owned by Mrs.Vasundra Devi (Respondent No 5) in light of the representation dated 18.11.2022.

For Petitioner : Mr.K.Pragadeesh Kumar For Respondents : Mr.M.Alagu Goutham, GA, for R1 to R3 : Mr.R.Raghul, for R5

O R D E R

The petitioner has come up with this Writ petition seeking issuance of a Writ of Mandamus to direct the respondents 1 to 3 to consider the petitioner's representation 18.11.2022 and to consequently, remove the damaged and abandoned Aircel cell phone tower installed in the land owned by the 5th respondent in S.No.2456/1.

2. Since no adverse order is being passed against the 4th respondent, notice to the 4th respondent is dispensed with.

3. When the matter was taken up for hearing, learned Government Advocate appearing for the respondents 1 to 3 submitted that, though the petitioner has come up with this petition, seeking removal of the abandoned Aircel cell phone tower installed in the 5th respondent's land, which is in a very damaged condition, however, during the pendency of this Writ petition, 2/5

the said Aircel cell phone tower itself was removed by the 2nd respondent and the same was communicated to the learned Government Advocate, vide letter dated 05.04.2023 bearing Pdl.No.154/2023/A3.

4. In view of the aforesaid submission made by the learned Government Advocate, this Court is of the view that no further adjudication is necessary in this Writ petition. Accordingly, this Writ petition stands closed. No costs.

06.04.2023 skt Speaking Order : Yes/ No Index : Yes/ No To 1.

The The District Collector, Office of The District Collector, Thiruvarur.

2.

The Revenue Divisional Officer, Office of The Revenue Divisional Officer, Mannargudi, Thiruvarur District.

3.

The Chairman, Tamil Nadu Pollution Control Board, 3/5

76, Mount Salai, Guindy, Chennai - 600 032.

4.

Aircel Limited, Rep. by G.T.L Infrastructure Ltd, 1st Floor, Noble Business Centre, P.N.Palayam, Avinashi Road, Coimbatore.

M.DHANDAPANI, J.

skt 4/5

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