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Madras High CourtWP/34427/2025disposed of with direction

Tele Towers Site Owners Association v. The District Collector

2025-09-12Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.09.2025 CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI Tele Towers Site Owners' Association, Rep. by its Secretary G.Govindarajulu, Old No.216, New No.718, Kannan Nagar, Sanganoor Road, Ganapathy, Coimbatore - 641 006.

... Petitioner Vs.

1.The District Collector, Collectorate Building, State Bank Road, Coimbatore - 641 018.

2.The Government of Tamil Nadu, Rep. By its Secretary, Information Technology Department, Secretariat, Fort St.George, Chennai.

3.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Coimbatore.

4.The Tahsildar, The Office of Tahsildar, Coimbatore North Taluk.

5.The Tahsildar, Coimbatore South Taluk, Hosur Road, Coimbatore District.

6.Telecom Regulatory Authority of India, 4th, 5th, 6th & 7th Floor, Tower F, Page No.1 of 6

World Trade Centre, Nauroji Nagar, New Delhi - 110 029.

7.Directorate of Municipal Administration, Rep. by Director of Municipal Administration, 75, Urban Administrative Building, Santhome High Road, MRC Nagar, RA Puram, Chennai - 600 028.

8.M/s.GTL Infrastructure Limited, New No.232, Old No.186, City Centre, 3rd Floor, Purasawakkam High Road, Kilpauk, Chennai - 600 010.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the 1st to 5th respondents to immediately take necessary steps to inspect, dismantle and remove the abandoned non-functional tower erected by 8th respondent on the buildings owned by the members of the petitioner association in pursuance to the representation dated 27.02.2025 as the said tower is in a dilapidated condition, posing an imminent threat to public safety, loss of life and damage to nearby properties in Coimbatore District, and to ensure compliance with such directions with a reasonable and stipulated time. For Petitioner : Mr.G.Hari Krishnaa For Respondents : Mrs.S.Anitha Special Government Pleader [R1 to R5 & R7] Mr.Nithyaesh Natraj [R6] Notice dispensed with [R8] ***** Page No.2 of 6

ORDER

This Writ Petition has been filed by the petitioner seeking for a Writ of Mandamus, to direct the respondents 1 to 5 to immediately take necessary steps to inspect, dismantle and remove the abandoned non-functional tower erected by 8th respondent on the buildings owned by the members of the petitioner association in pursuance to the representation dated 27.02.2025 as the said tower is in a dilapidated condition, posing an imminent threat to public safety, loss of life and damage to nearby properties in Coimbatore District, and to ensure compliance with such directions with a reasonable and stipulated time.

2. Since no adverse order has been passed against the 8th respondent, notice to the 8th respondent is dispensed with.

3. Mrs.S.Anitha, learned Special Government Pleader, accepts notice on behalf of the respondents 1 to 5 and 7 and Mr.Nithyaesh Natraj, learned counsel, accepts notice on behalf of the 6th respondent. In view of the consent expressed by the parties, this writ petition is taken up for final disposal at the stage of admission itself.

Page No.3 of 6

4. The case of the petitioner is that, as a Secretary of the Tele Towers Site Owners Association, the petitioner has sent representations to the official respondents for removal of the towers erected by the 8th respondent on the buildings owned by the members of the said association, which were in dilapidated condition. However, the same were not considered till date. Hence, finally, on 27.02.2025, the petitioner has made another representation with all the necessary documents to the respondents to remove the abandoned nonfunctional tower of 8th respondent since the same was in a dilapidated condition, which may cause threat to loss of life, public safety and damage nearby property. Since the same was not considered, the petitioner has filed this writ petition before this Court for appropriate orders.

5. Though very many grounds have been raised in this writ petition, learned counsel appearing for the petitioner submits that, it would suffice, if this Court issues a direction to the respondents 1 to 5 to immediately take necessary steps to inspect, dismantle and remove the abandoned non-functional tower erected by 8th respondent on the buildings owned by the members of the petitioner association in pursuance to the representation dated 27.02.2025, within a time frame that may be fixed by this Court. Page No.4 of 6

6. In view of the limited request sought for by the learned counsel appearing for the petitioner, this Court, without expressing any opinion on the merits of the case, directs the respondents 1 to 5 to consider the petitioner's representation dated 27.02.2025, on merits and in accordance with law and pass appropriate orders, within a period of four (4) weeks from the date of receipt of a copy of this order, after affording an opportunity of personal hearing to the petitioner and aggrieved persons, if any.

7. With the above direction, this Writ Petition is disposed of. No costs. 12.09.2025 Index : Yes / No Speaking order / Non-speaking order sp To 1.The District Collector, Collectorate Building, State Bank Road, Coimbatore - 641 018.

2.The Secretary, Information Technology Department, Secretariat, Fort St.George, Chennai.

3.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Coimbatore.

Page No.5 of 6

M.DHANDAPANI, J.

sp 4.The Tahsildar, The Office of Tahsildar, Coimbatore North Taluk.

5.The Tahsildar, Coimbatore South Taluk, Hosur Road, Coimbatore District.

6.The Telecom Regulatory Authority of India, 4th, 5th, 6th & 7th Floor, Tower F, World Trade Centre, Nauroji Nagar, New Delhi - 110 029.

7.Director of Municipal Administration, Directorate of Municipal Administration, 75, Urban Administrative Building, Santhome High Road, MRC Nagar, RA Puram, Chennai - 600 028.

12.09.2025 Page No.6 of 6