R.Kannadasan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.12.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY R.Kannadasan ..

Petitioner Vs.

1. The District Collector Nagapattinam District Nagapattinam.

2. The Revenue Divisional Officer Myladuthurai, Nagapattinam District.

3. M/s. Indus Towers Limited Rep. by its Assistant Legal Manager Circle Office at 5 (NP) ESPEE, IT Park, 5th Floor Jawaharlal Nehru Road Ekkattuthangal, Chennai 600 097.

..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the official respondents to stop the erection of transmission cell phone tower and to install all the telecommunication electrical and electronics equipments by the third respondent at S.F.No.400/6, subdivide New S.F.No.400/6B an extent of 400 Sq. Meter situated at Main Road, Sitharkadu Village, Myladuthurai Taluk, Nagapattinam District.

For the Petitioner : Ms.R.Neelambikai For the Respondents : Mr.K.Karthik Jegannath Government Advocate for Respondents 1 & 2 Mr.S.Anil Sandeep for Respondent-3

ORDER

(Made by the Hon'ble Chief Justice) We have heard Ms.R.Neelambikai, learned counsel for the petitioner, Mr.K.Karthik Jegannath, learned Government Advocate for the respondents 1 and 2 and Mr.S.Anil Sandeep, learned counsel for the third respondent.

2. Learned counsel for the petitioner submits that without obtaining necessary permission, the third respondent has erected the cell phone tower.

3. Learned counsel for the third respondent submits that permission has been granted on 12.10.2023 for the installation of cell phone tower at No.127, Sitharkadu Main Road, Myladuthurai 609 001.

4. In view of the fact that permission has already been granted, the relief claimed by the petitioner cannot be granted.

5. Learned counsel for the petitioner submits that while erecting the cell phone tower, the third respondent caused damage to the compound wall of the petitioner.

6. It is for the petitioner to claim compensation as may be permissible under law before the appropriate forum.

7. The writ petition is, accordingly, disposed of. There will be no order as to costs. Consequently, W.M.P.No.22319 of 2019 is closed. (S.V.G., CJ.) (D.B.C., J.) 18.12.2023 Index :

Yes/No :

Yes/No kpl

To

1. The District Collector Nagapattinam District Nagapattinam.

2. The Revenue Divisional Officer Myladuthurai Nagapattinam District.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J (kpl) 18.12.2023