T.Maruthu Pandian v. The Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.06.2018
CORAM
THE HONOURABLE Mr.JUSTICE K.KALYANASUNDARAM W.P.No.12677 of 2017 and W.M.P.No.13506 of 2017 T.Maruthu Pandian ..Petitioner Vs 1.The Government of Tamil Nadu Represented by its Secretary Information Technology Department, Secretariat, Fort St.George, Chennai.
2.The Commissioner Greater Chennai Corporation Rippon Building, Chennai-3.
3.The Indus Towers Limited, ESPEE IT Part, 100 Feet Road, Jawaharlal Nehru Road, 5th floor, Ekkaduthangal, Chennnai-97.
4.Palani ..Respondents Prayer:- Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus, directing the 1st and 2nd respondent forbear the third respondent from installing cellular phone tower upon the building bearing No.9/79, 1st Main Road, M.R.Nagar, Kodungaiyur, Chennai-600 118 or any other place nearby in the residential area.
For Petitioner : Mr.M.L.Ramesh For Respondents : Mr.V.Shanmuga Sundar Special Government Pleader for R1 Mr.T.C.Gopalakrishnan Standing Counsel for R2 Mr.S.Anil Sandeep for R3 No appearance for R4
ORDER
This writ petition has been filed for issuance of a writ of mandamus directing the respondents 1 and 2 to forbear the third respondent from installing a cellular phone tower situated at No.9/79, 1st Main Road, M.R.Nagar, Kodungaiyur,Chennai-600 118.
2.Heard Mr.M.L.Ramesh, learned counsel for the petitioner, Mr.V.Shanmuga Sundar, learned Special Government Pleader appearing for the first respondent, Mr.T.C.Gopalakrishnan, learned Standing counsel appearing for the second respondent, Mr.S.Anil Sandeep, learned counsel appearing for the third respondent and none appeared for the fourth respondent.
3. The learned Special Government Pleader appearing for the first respondent and the learned Standing counsel appearing for the second respondent submitted that the third respondent had already installed a cell phone tower and hence, the prayer sought for in this writ petition has become infructuous.
4. The learned counsel for the petitioner submitted that admittedly, the third respondent had installed a cell phone tower in the residential area and the issue is now pending before the Supreme Court and the official respondents have to investigate as to whether the erection of cell phone tower would cause cancer to the neighbours. The learned counsel seeks liberty to file a fresh representation on the same cause of action.
5. Granting such liberty, this writ petition is dismissed as infructuous. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar ms
To 1.The Secretary, The Government of Tamil Nadu, Information Technology Department, Secretariat, Fort St.George, Chennai.
+1cc to Mr.T.C.GOPALAKRISHNAN, Advocate, S.R.No.40026 +2cc to Mr.S.ANILSANDEEP Advocate, S.R.No.40157 +1cc to Mr.M.L.RAMESH, Advocate, S.R.No.40328 +1cc to the Government Pleader, S.R.No.40356 W.P.No.12677 of 2017 and W.M.P.No.13506 of 2017 EV(CO) TR(05/07/2018)