Mr.P.Lakshmikantha, v. The District Collector,

2024:MHC:5792

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12-01-2024

CORAM

THE HONOURABLE MR.JUSTICE S.M. SUBRAMANIAM And WMP No.24964 of 2018 Mr.P.Lakshmikantha .. Petitioner -vs1.The District Collector, Krishnagiri District, Krishnagiri.

2.The Sub Collector, Hosur, Krishnagiri District.

3.The Tahsildar, Hosur Taluk, Krishnagiri District.

4.S.Govindaraj

5.The Managing Director, Reliance JIO, Infocomm Limited, Reliance Trends Outlet, Dr.Radhakrishnan Salai, Mylapore, Chennai-4.

.. Respondents Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents 1 to 3 to consider petitioner's representation dated 11.08.2018 and to preventing the fifth respondent to erecting the cell phone tower in the fourth respondent's land.

For Petitioner :

Mr.M.P.Saravanan For Respondents-1 to 3 :

Mr.G.Krishna Raja, Additional Government Pleader.

For Respondent-4 :

Not Ready in Notice For Respondent-5 :

Mr.R.Bharanidharan

O R D E R

The relief sought for in the present writ petition is to direct the respondents 1 to 3 to consider the representation submitted by the petitioner on 11.08.2018 and prevent the fifth respondent-Company to erect Cellphone Tower in the fourth respondent-Company's property. Such inter se private disputes cannot be adjudicated in the present writ proceedings.

2. The learned counsel appearing on behalf of the fifth respondent-Company made a submission that there is no rule to erect Cellphone Tower in a private property, which is the subject matter of contract between the land owner and the fifth respondent-Company.

3. That being so, the petitioner being an alien to the contract, cannot seek such a relief in the present writ petition.

4. Merely issuing a direction to consider the representation would do no service to the cause of justice.

5. In the present writ petition, since it is a contractual matter between the fourth respondent and the fifth respondent-Company and if any nuisance or anything is identified, the petitioner has to approach the Authorities Competent.

6. With the above observations, the present writ petition stands dismissed. However, there shall be no order as to costs. Consequently, the connected miscellaneous petition is also dismissed. 12-01-2024 Index : Yes/No Internet: Yes/No Speaking order/Non-Speaking order Svn

To 1.The District Collector, Krishnagiri District, Krishnagiri.

2.The Sub Collector, Hosur, Krishnagiri District.

3.The Tahsildar, Hosur Taluk, Krishnagiri District.

S.M.SUBRAMANIAM, J.

Svn WP 21264 of 2018 12-01-2024