Madras High CourtWP/13026/2023dismissed

Ayubkhan v. The District Collector

2023-04-28Honourable The Acting Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.04.2023

CORAM

THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Writ Petition No.13026 of 2023 Ayubkhan ..

Petitioner Vs.

1. The District Collector Office of the Collectorate Building

2. The Revenue Divisional Officer Office of the Revenue Divisional Office Mannarkudi, Thiruvarur District.

3. The Superintendent of Police Office of the Superintendent of Police

4. The Deputy Superintendent of Police Office of the Deputy Superintendent of Police Muthupettai

5. The Inspector of Police Muthupettai Police Station

6. The Assistant Legal Manager/ Authorised Officer Ascend Telecom Infrastructure Pvt. Ltd.

No.54/13, SH 55, Sripuram Colony Viralur, Rajeshwari Colony St. Thomas Mount, Chennai.

7. The President Arabu Sahib Pallivasal Waqf Thuraikadu, Muthupettai ..

Respondents Prayer: Writ Petition under Article 226 of the Constitution of India praying for a writ of Mandamus forbearing the first respondent, their men, agents from erecting any cell phone tower and power up amidst or vicinity of the residential area located in the property comprised in S.No.282/1A and 282/5 situated at Thuraikadu Village, Muthupettai, Thiruvarur District on the basis of the petitioner's representation dated 30.03.2023.

For the Petitioner : Mr.D.S.Haroon Rasheed For the Respondents : Mr.P.Muthukumar State Government Pleader for Respondents 1 to 5

ORDER

(Made by the Hon'ble Acting Chief Justice) The petitioner seeks a writ of Mandamus forbearing the first respondent from erecting any cell phone tower amidst or in the vicinity

of S.No.282/1A and 282/5 situated at Thuraikadu Village, Muthupettai, Thiruvarur District on the basis of his representation dated 30.03.2023.

2. According to the petitioner, the respondents 6 and 7 started erection of huge network tower by digging the sand in the land in question. Apprehending danger to humans in view of the serious repercussions that would arise after the installation of tower, around 200 persons of that locality gave an objection letter to the seventh respondent for erection of cell phone tower. Though the seventh respondent assured that the tower will not be erected in the land in question, the sixth respondent is continuing the erection work, without obtaining any permission from the authorities concerned. Hence, the petitioner and villagers made a representation to the official respondents on 30.03.2023. As it did not evoke any response, the petitioner has come up with this writ petition.

3. Learned State Government Pleader submitted that the first respondent will consider the representation of the petitioner dated

30.03.2023 and pass orders and sought four weeks' time for the same.

4. In view of the above and considering the fact that the erection of tower is for the benefit of the public and that the representation of the petitioner is pending consideration, this writ petition is disposed of directing the first respondent to consider the representation of the petitioner dated 30.03.2023 and pass appropriate orders, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. There will be no order as to costs. Consequently, WMP No.12821 of 2023 is closed. (T.R., ACJ.) (D.B.C., J.) 28.04.2023 Index : Yes/No : Yes/No kpl