P.Murugavel v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.07.2019
CORAM
THE HONOURABLE MR.JUSTICE S.MANIKUMAR and THE HONOURABLE MR.JUSTICE SUBRAMONIUM PRASAD Writ Petition No.19317 of 2019 and WMP.No.18777 of 2019 P.Murugavel
...Petitioner
Vs
1. The District Collector, Office of the Collectorate, Thiruvarur.
2. The Block Development Officer, Village Panchayat, Koradacherri, Thiruvarur District.
3. The Inspector of Police, Koradacherri Police Station, Koradacherri Thiruvarur District.
4. M/s.Reliance Jio Infocomm Limited Rep.by its General Manager, its Circle Office at A1 Tower, 8th Floor, 89-90, Dr.Radhakrishnan Salai, Mylapore, Chennai 600 004.
5. G.Sasikumar ... Respondents Writ Petition filed under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents 1 and 2 not to permit the 4th respondent to erect the Cell Phone Tower in the 5th Respondent's Plot Nos.25 and 26, Annamalai Nagar, Devarkandanallur Village, Kullikkarai Post, Thiruvarur District.
For Petitioner :
Mr.R.Thirugnanam For Respondents:
Mr.Akhil Akbar Ali Government Advocate for R1 to R3
O R D E R
[Order was delivered by S.MANIKUMAR,J] The petitioner has sought for issuance of a Writ of Mandamus directing the respondents 1 and 2 not to permit the 4th respondent to erect the Cell Phone Tower in the 5th Respondent's Plot Nos.25 and 26, Annamalai Nagar, Devarkandanallur Village, Kullikkarai Post, Thiruvarur District.
2. In support of the prayer sought for, the petitioner has relied upon the Policy of the Government in G.O.Ms.No.2 Information Technology Department dated 01.04.2002, wherein, it is stated that the District Collector is a Competent Authority to accord permission. Under the above said G.O., to grant permission for installing Towers, provision for erection of Cell Phone Tower, equipment room and generator room on roof top or on the ground of premises and buildings belonging to Government of Tamil Nadu, is subject to the terms and conditions and permission will be issued by the District Collector concerned in consultation with the District Office concerned. Based on the information obtained from the Block Development Officer, Koradacheri, addressed to the petitioner that no such permission has been granted and that no approval has been granted for constructing a Jio Cell Phone tower at Plot Nos.25 & 26, the instant writ petition has been filed.
3. Though Mr.R.Thirugnanam, the learned counsel appearing for the petitioner made submission and sought for issuance of notice, we are not inclined to do so, for the simple reason that in G.O.Ms.No.2 Information Technology Department dated 01.04.2002, Government have accorded permission to any licenced telecom company to install its base stations consisting of Tower, Equipment room and Generator room, on roof top or on the ground of premises and buildings belonging to Government of Tamil Nadu subject to availability and technical feasibility, on a non-exclusive basis and also subject to the following terms and conditions as per 4(i) of the above said G.O., which reads as follows:
"(4) (i) Permission for installing towers, equipment and generator etc., on case to case basis will be issued by the district Collector concerned in consultation with the district office concerned."
4. The above clause in G.O.Ms.No.2, Information Technology Department, dated 01.04.2002, reproduced above, makes it clear that the District Collector concerned is the competent authority to grant permission. However, based on information furnished by the Block Development Officer dated 26.06.2019, instant writ petition has been filed. Proceedings dated 26.06.2019 of the
Block Development Officer, Koradacheri, addressed to the petitioner, is reproduced as follows:
"From Thiru.V.Vasudevan, B.Sc., B.Ed., Block Development Officer, Koradacheri.
To Thiru.B.Pasupathi, (President) Annamalai Nagar & Nila Nagar Residents Welfare Association, Thevarkandanallur 513 704.
R.C.No.33/2010/B3 datd: 26.06.2019 Sir, Sub: Complaint - Thiruvarur District - Koradacheri Block - Thevarkandanallur Panchayat - Annamalai Nagar - Cellphone Tower by Jio - Information about Not issuing approval to the Company - Reg.
Ref:-
1. Petition dated 18.06.2019 from Annamalai Nagar & Nila Nagar Residents Welfare Association.
2. Other concerned documents.
As per the letter in reference No.1 Jio Cellphone company had started the work of constructing Cell Phone Tower at Plot Nos.25 and 26, in Thevarkandanallur Panchayat, AnnamalaiNagar, Koradacheri Block Thiruvarur District, in the plots purchased for residential construction and the construction of cell phone tower work was temporarily stopped by the residents of the area.
Further it is informed to the petitioner that no approval was issued for constructing the Jio Cellphone tower at those Plot Nos.25 & 26.
Sd/- Block Development Officer, Koradacherri.
Copy Humbly submitted to:
Assistant Director (Panchayats), Thiruvarur".
5. Admittedly, the petitioner has obtained information from the Block Development Officer, Koradacheri, who is not the
competent authority to grant permission. The petitioner has not obtained necessary details from the District Collector, who is the competent authority for granting permission as stated in the above said G.O. However the learned counsel for the petitioner, emphasises that no approval has been granted. Writ petition does not satisfy the requirements of the public interest litigation.
6. For the reasons stated supra, the writ petition stands dismissed. No costs. Consequently connected miscellaneous petition is also closed.
Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar dpq To
1. The District Collector, Office of the Collectorate, Thiruvarur.
2. The Block Development Officer, Village Panchayat, Koradacherri, Thiruvarur District.
3. The Inspector of Police, Koradacherri Police Station, Koradacherri Thiruvarur District.
+1cc to Mr.R.Thirugnanam, Advocate, S.R.No.57831 +1cc to the Government Pleader, S.R.No.58309 Writ Petition No.19317 of 2019 and WMP.No.18777 of 2019 JP(CO) CS/28/08/2019