M.Sriram v. Regional Head, Telecom Regulatory Authority Of India
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.05.2023
CORAM:
THE HONOURABLE DR.JUSTICE ANITA SUMANTH and THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR and W.M.P.No.14670 of 2023 M.Sriram ..Petitioner Vs 1.Regional Head, Telecom Regulatory Authority of India, Regional Office, Bangalore, Ground Floor, Telephone House, No.1, Rajabhavan Road, Behind General Post Office (GPO), Bangalore, Karnataka.
2.The District Collector, Thiruvallur - 602 001.
3.The Tahsildar, Office of District Collectorate, Thiruvallur District - 602 001.
4.M/s.Bharathi Airtel Limited, ESPEE IT Park, 6th Floor, N-P5, 100 Feet Road, Ekkattuthaangal, Chennai - 600 032.
5.B.Tharani Balaji ..Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus to directing the respondents 2 1/4
and 3 namely The District Collector and Tahsildar, Thiruvallur to remove the mobile tower installed by the fourth respondent/Bharati Airtel Ltd., at Survey No.361/1B1B in the Koppur Village, Thiruvallur District owned by the 5th respondent within time frame and to relocate the said mobile tower in any other safe place within the said village as found suitable to this Court.
For Petitioner :
Ms.J.Swetha For Respondents :
Mrs.S.Mythreye Chandru, Special Government Pleader
ORDER
(Made by DR.ANITA SUMANTH.,J) Read this order in conjunction with and in continuation of order dated 10.05.2023, that reads as follows: "Mrs.Mythraye Chandru, learned Special Government Pleader, who accpets notice for R2 & R3, has oral instructions to state that, prima facie, some residential buildings are located in Koppur Village, Thiruvallur District, where a mobile tower is sought to be installed by R4/Bharati Airtel. She also states that the respondents are in the process of conducting Peace Committee meeting to ensure that the interests of all concerned in the area are taken note of.
2. Let this be reduced into writing in order that appropriate directions may be issued. List on 11.05.2023."
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2.
Learned Special Government Pleader circulates written instructions in Rc.No.3078/2023/A8 dated 10.05.2023 to the effect that Peace Committee Meeting is proposed to be conducted between the petitioner and the 5th respondent. That apart, they state therein that a representation has been received from 10 villagers objecting to installation of Mobile Tower on an apprehension that it would affect the people residing in the vicinity of the same. 3.
Per contra, 100 villagers have requested quick installation of mobile tower to aid better connectivity. 4.
In light of the above, let a discussion/Peace Committee meeting be conducted within a period of four weeks from the date of receipt of a copy of this order. Till such time and subject to the outcome of the same, learned Special Government Pleader assures the Court that there will be no further progress as far as installation of tower is concerned.
5.
Writ petition stands disposed. No costs. Connected miscellaneous petition is closed.
(A.S.M., J.) (M.N.K., J.) 11.05.2023 Index:Yes/No mmi/ssm 3/4
DR.
ANITA SUMANTH., J and M.NIRMAL KUMAR .,J ssm To 1.The Regional Head, Telecom Regulatory Authority of India, Regional Office, Bangalore, Ground Floor, Telephone House, No.1, Rajabhavan Road, Behind General Post Office (GPO), Bangalore, Karnataka.
2.The District Collector, Thiruvallur - 602 001.
3.The Tahsildar, Office of District Collectorate, Thiruvallur District - 602 001.
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