Madras High CourtWP/11476/2020dismissed as infructuous

R.Vardharajan v. The Dist Collector

2023-06-05Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.06.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P.No.14008 of 2020 R.Varadharajan . . . Petitioner Vs.

1. The District Collector, Chennai District, Singaravelan Maaligai.

2. The Commissioner, Greater Chennai Corporation, Ribbon Buildings, 53, Raja Muthiah Road, Kannappar Thidal, Periyamet, Chennai-600003

3. ATC Telecom Infrastructure Private Limited, having its Office at 45/20, 47/21, 41/18, 43/19, Damodaran St, CIT Nagar, Chennai-600017.

3. K.Manjula . . . Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue an appropriate order, direction in the nature of a Writ of Mandamus directing the Respondents 1 and 3 to refrain the respondents 3 and 4 from making construction to erect and install mobile tower on the house building of the fourth respondent situated at No.16/B, Janakiram Nagar Puthagaram, Kolathur, Chennai-600099.

For petitioner : M/s.P.Manoj Kumar For Respondents : Mr. V.Manoharan, Additional Government Pleader for R1 & R2 : Mr.J.Ravi Kumar for R3.

: No Appearance for R4.

ORDER

This Writ Petition has been filed for a direction to respondents 1 & 2 to forbear the respondents 3 & 4 from erecting and installing the mobile tower on the house building of the fourth respondent.

2. When the matter is taken up for hearing, learned counsel for the 3rd respondent submitted that though the present petition has been filed for restraining the respondents 3 & 4 from erecting Mobile Tower on the

house building of the 4th respondent, however, no such attempt has been made by the respondents 3 & 4 and that they have no intention to erect the Mobile Towers on the above premises and this Writ Petition has been filed merely on the apprehension of the petitioner. Hence, this Writ Petition is not sustainable and accordingly, the same liable to be dismissed.

3. Recording the above submission, nothing survives for further adjudication in this matter. Accordingly, this Writ Petition is dismissed as infructuous. There shall be no order as to costs. Consequently, the connected Miscellaneous Petition stands closed. 05.06.2023 Index : Yes / No Internet : Yes / No NHS

M.DHANDAPANI, J NHS To

1. The District Collector, Chennai District, Singaravelan Maaligai.

2. The Commissioner, Greater Chennai Corporation, Ribbon Buildings, 53, Raja Muthiah Road, Kannappar Thidal, Periyamet, Chennai-600003.

05.06.2023