Mr.P.Balasubramanian v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:30.05.2018

CORAM

THE HON'BLE MR.JUSTICE S.BASKARAN Writ Petition No.13011 of 2018 and W.M.P.No.15292 of 2018 P.Balasubramanian ... Petitioner vs.

1.The District Collector, Tiruppur District.

2.The Commissioner of Police, Tiruppur District.

3.The Commissioner, Tiruppur Corporation, Tirupur.

4.The Revenue Divisional Officer, Tiruppur Town, Tiruppur District.

5.The Tahsildar, Tiruppur Town, Tiruppur District 6.Telecom Regulatory Authority of India, rep.by its Chairman, Mahanagar Doorsanchar Bhawan Jawaharlal Nehru Marg(Old Minto Road), New Delhi-110 002 7.The Reliance Telecommunications Ltd., rep.by its General Manager, H Block, 2nd Floor, Dhirubhai Amabani Knowledge City, Kopar Khairane, Navi Mumbai-400 709 8.Kanagambal .. Respondents

Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue Writ of Mandamus as stated therein.

For petitioner :

Mr.R.Suburaj for M/s.S.Dhanalakshmi For respondents :

Mr.V.Jaya Prakash Narayanan for R1, R2, R4 and R5 Ms.V.Shanthi for R3

ORDER

This writ petition is filed praying for a writ of mandamus to forbear the respondents from installing 4G tower line in the residential area, on the basis of petitioner's representation dated 14.05.2018.

2.It is the case of the petitioner that the 7th respondent is trying to install 4G tower line, in the premises of the 8th respondent, with his consent. It is also the case of the petitioner that the area in which the 4G tower line is proposed to be installed is a residential area and the action of the 7th respondent is not only illegal, but also endanger the public health. In this regard, it is stated that the petitioner along with the residential people have made objection to the official respondents, which went in vain. The petitioner also gave a representation dated 14.05.2018 to the third respondent and since the said representation evoked no response, he is before this Court, with this writ petition.

3.Heard the learned counsel for the petitioner and Mr.V.Jayaprakash Narayanan, learned counsel, who takes notice on behalf of R1, R2, R4 and R5 and Ms.V.Shanthi, learned counsel, who takes notice on behalf of R3.

4.It is seen from the records that the petitioner has sought for a limited prayer to direct the respondents to dispose of his representation dated 14.05.2018, given to the 3rd respondent/The Commissioner, Tiruppur Corporation, Tiruppur. Hence, without going into the merits of the matter, the third respondent is directed to dispose of the representation of the petitioner dated 14.05.2018 within a period of two weeks from the date of receipt of a copy of this order, on merits and in accordance with law.

5.The writ petition is disposed of accordingly. No costs. Connected miscellaneous petition is closed. -s/d- Assistant Registrar/V.O True Copy Sub-Assistant Registrar msk To 1.The District Collector, Tiruppur District.

2.The Commissioner of Police, Tiruppur District.

3.The Commissioner, Tiruppur Corporation, Tirupur.

4.The Revenue Divisional Officer, Tiruppur Town, Tiruppur District.

5.The Tahsildar, Tiruppur Town, Tiruppur District 6.The Chairman Telecom Regulatory Authority of India, Mahanagar Doorsanchar Bhawan Jawaharlal Nehru Marg(Old Minto Road), New Delhi-110 002 7.The General Manager, The Reliance Telecommunications Ltd., H Block, 2nd Floor, Dhirubhai Amabani Knowledge City, Kopar Khairane, Navi Mumbai-400 709 +1 CC to Govt. Pleader sr 34288.

+1 CC to M/s.S.Dhanalakshmi, Advocate sr 34408(05/06/2018) W.P.No.13011 OF 2018 MR(CO) SP(31/05/2018)