Sri Jainagar Residential v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.03.2022

CORAM

THE HONOURABLE DR.JUSTICE ANITA SUMANTH W.P.No.10004 of 2019 & W.M.P.No.10583 of 2019 Sri Jainagar Residential Welfare Association Rep by its President - Mr.R.Ravichandran, Site #21, Sri Jainagar, Near VGV Garden, Kangayam Main Road, Nallur Post, Tirupur - 641 606

...Petitioner

Vs

1. The District Collector, Collectorate Office,

2. The Inspector of Police, Tirupur Rural Police Station, Tirupur.

3. The Tashildar, Udumalpet, Tirupur District.

4. The Block Development Officer, Kanakkampalayam Panchayat, S.V.Mills Post, Udumalpet,

5. Telecom Regulatory Authority of India, Rep. By its Chairman, Mahanagar Doorsanchar Bhawan, Jawarhalal Nehru Marg.(Old Minto Road) New Delhi - 110 002.

6. M/s.Indus Towers Limited, Circle Office, No.5 (NP), ESPEE, IT Park, 5th Floor, Jawaharlal Nehru Road, Ekkatuthangal, Chennai - 600 032.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the 1st and 2nd Respondent to consider the Petitioner's representation dated 26.02.2019 made by petitioner and to issue necessary orders restraining the Respondents No.3 and their agents and Persons claiming through them from commissioning high rise Cellular Phone Transmission Tower in Sri Jainnagar, Kankeyam Road, Tirupur - 641 606.

For Petitioner : S. Ezhil Raj For Respondents: Mr.TNC Kaushik R1 to R4 Additional Government Pleader R6 : Mr.P.J.Rishikesh R5 : -NAO R D E R Mr.TNC Kaushik, learned Additional Government Pleader appearing for the official respondents and Mr.P.J.Rishikesh, learned counsel for R6, bring to the notice of this Court that nothing survives in this writ petition, seeing as R6 has already erected a high rise Cellular Phone Transmission Tower in Sri Jainnagar, Kanekyam Road, Tirupur - 641 606 and the mandamus sought for cannot be granted at this juncture. Incidentally, the erection of the tower itself was under police protection provided to R6 in its capacity as a petitioner in Crl.OP.No.17835 of 2019 dated 08.07.2019.

2.Recording the same, this writ petition stands dismissed. Consequently connected miscellaneous petition is also dismissed. There shall be no order as to costs. Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar nst/sl To

1. The District Collector, Collectorate Office,

2. The Inspector of Police, Tirupur Rural Police Station, Tirupur.

3. The Tashildar, Udumalpet, Tirupur District.

4. The Block Development Officer, Kanakkampalayam Panchayat, S.V.Mills Post, Udumalpet,

5. The Chairman, Telecom Regulatory Authority of India, Mahanagar Doorsanchar Bhawan, Jawarhalal Nehru Marg.(Old Minto Road) New Delhi - 110 002.

+1cc to the Government Pleader, S.R.No.21756 W.P.No.10004 of 2019 & W.M.P.No.10583 of 2019 NMI(CO) RGA(12/04/2022)(19/04/2022) (25/04/2022)