Dr.Sathis v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE: 26-08-2016
CORAM
THE HONOURABLE MR.JUSTICE M.JAICHANDREN Writ Petition No.29418 of 2014 and M.P.No.1 of 2014 Dr.Sathis .. Petitioner Vs 1.The District Collector Tiruppur District.
2.THe Superintendent of Police Tiruppur District.
3.The Revenue Divisionsal Officer Udumalpet, Tiruppur District.
4.The Tashildar Udumalpet, Tiruppur District.
5.The President Kannkampalayam Panchayat S.V.Mills(P.T.), Udumalpet Tiruppur District.
6.The Block Development Officer Kannkampalayam Panchayat S.V.Mills (P.t.) Udumalpet Tiruppur District.
7.Telecom Regulatory Authority of India Rep. By its Chairman Mahanagar Doorsanchar Bhawan Jawarhalal Nehru Marg (Old Minto Road) New Delhi -2.
8.The Reliance Telecommunications Ltd., represented by its General Manager H Block, 2nd Fllor, Dhirubhai Ambani Knowledge City Kopar Khairane Navi Mumbai - 400 709.
9. Kannappan @ Manoharan ... Respondents
Prayer : The writ petition is filed to issue a Writ of Mandamus, forbearing the respondents from installing the 4G tower line in the residential area on the basis of the repressentation of the petitioner, dated 13.1.2014.
For Petitioner : M/s.C. Yokesh For Respondents Nos.1 to 4 : Mr.P. Karthikeyan Govt. Advocate For Respondent No.7 : Mr.J. Madanagopal Rao For Respondents Nos.5, 6, 8 & 9 : No appearance
O R D E R
Heard the learned counsel, appearing on behalf of the petitioner, as well as the learned counsels, appearing on behalf of the respondents.
2.This writ petition has been filed, praying that this Court may be pleased to issue a Writ of Mandamus, forbearing the respondents from installing the 4G tower line in the residential area, on the basis of the representation of the petitioner, dated 13.1.2014.
3.Though various grounds have been raised in the affidavit filed in support of the writ petition, the learned counsel, appearing on behalf of the petitioner has submitted that it would suffice, if the first respondent is directed to dispose of the representation, dated 13.1.2014, on merits and in accordance with law, within the time frame, as may be fixed by this Court.
4. In view of the averments made in the affidavit filed in support of the writ petition and in view of the submissions made by the learned counsel, appearing on behalf of the petitioner, this Court finds it appropriate to direct the first respondent to dispose of the representation of the petitioner, dated 13.01.2014, on merits and in accordance with law, within a period of two weeks from the date of receipt of a copy of this order, after giving an opportunity of hearing to the petitioner, as well as to the other persons concerned, if any. The petitioner shall furnish a copy of the representation, dated 13.01.2014, to the first respondent, along with a copy of this order. However, it is made clear that this Court has not
expressed any opinion on the merits of the matter, by passing this order.
The writ petition is disposed of, with the above directions. No costs. Consequently, connected M.P. is closed. Sd/- Asst. Registrar.
/true copy/ Sub Asst. Registrar.
rnb To 1.The District Collector Tiruppur District.
2.THe Superintendent of Police Tiruppur District.
3.The Revenue Divisionsal Officer Udumalpet, Tiruppur District.
4.The Tashildar Udumalpet, Tiruppur District.
5.The President Kannkampalayam Panchayat S.V.Mills(P.T.), Udumalpet Tiruppur District.
6.The Block Development Officer Kannkampalayam Panchayat S.V.Mills (P.t.) Udumalpet Tiruppur District.
7. The Chairman, Telecom Regulatory Authority of India Mahanagar Doorsanchar Bhawan Jawarhalal Nehru Marg (Old Minto Road) New Delhi -2.
+1 CC to Mr. C. Yokesh, Advocate Sr.No.48410 +1 CC to Mr. J. Madanagopal Rao, Advocate Sr.No.49095 +1 CC to Govt. Pleader, Sr.No.49095 Writ Petition No.29418 of 2014 and M.P.No.1 of 2014 GJ (CO) MD : 20/09/2016