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Madras High CourtWP/4602/2015closed

Senthilkumar, v. The Sub Collector,

2016-03-22Honourable The Chief Justice,Honourable Mr Justice M.M.Sundresh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.03.2016 CORAM :

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE M.M.SUNDRESH W.P. No.4602 of 2015 Senthilkumar .. Petitioner -vs1.The Sub Collector Mayiladuthurai, Nagapattinam District.

2.The Commissioner cum Block Development Officer, Mayiladuthurai Panchayat Union, Mayiladuthurai, Nagapattinam District.

3.Nallathukudi Panchayat, Rep. by its Executive Authority cum President, Nallathukudi, Mayiladuthurai Taluk, Nagapattinam District.

4.M/s.Reliance Jio Infocomm Limited, A-2 Tower, 8th Floor, 89-90, Dr.Radhakrishnan Salai, Mylapore, Chennai.

(R-4 Substituted as per order dated 17.08.2015 in WP) 5.Mohanakannan .. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to direct respondents 1 to 3 to forbear the 4th respondent from erecting micro wave tower in the vacant site belonged to 5th respondent, situated at Perumalkoil Theru, Nallathukudi Village, Mayiladuturai Taluk, Nagapattinam District, without getting permission from them as contemplated under Tamilnadu Panchayat Act and Rules framed thereunder.

For Petitioner :

Mr.S.Sounthar For Respondents :

Mr.S.T.S.Murthi, Govt. Pleader for RR 1 to 3 :

No appearance for R-4 https://hcservices.ecourts.gov.in/hcservices/

O R D E R

(Order of the Court was made by The Hon'ble Chief Justice) Learned Government Pleader states that he has obtained instructions from the third respondent that no permission has been granted by the said respondent.

2.In view of the aforesaid, the fourth respondent can install the towers only if all necessary permissions are obtained.

3.None represents the fourth respondent.

4.We close the writ petition in the aforesaid terms. No costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar sra To 1.The Sub Collector Mayiladuthurai, Nagapattinam District.

2.The Commissioner cum Block Development Officer, Mayiladuthurai Panchayat Union, Mayiladuthurai, Nagapattinam District.

3.The Executive Authority cum President, Nallathukudi Panchayat, Nallathukudi, Mayiladuthurai Taluk, Nagapattinam District.

+ 1 cc to Government Pleader Sr.18365 + 1 cc to Mr.K. Govindarajan, Advocate SR.18791 + 1 cc to Mr.S. Sounthar, Advocate Sr.18423 W.P.No.4602 of 2015 KK(CO) Eu 04.04.16 https://hcservices.ecourts.gov.in/hcservices/