G.Umavathi v. Union Of India, Rep. By The

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 18.08.2016 Coram:

The Honourable Mr.SANJAY KISHAN KAUL, CHIEF JUSTICE and The Honourable Mr.Justice R.MAHADEVAN W.P.No.28801 of 2016 G.Umavathi ... Petitioner

Versus

1.Union of India represented by the Secretary, Ministry of Communications 20, Sanchar Bhavan, Ashok Road, New Delhi.

2.The Secretary Telecom Regulatory Authority of India (TRAI) Mahanagar Doorsanchar Bhavan, next to Zakir Hussain College, Jawaharlal Nehru Marg, (Old Minto Road) New Delhi 110002.

3.The Deputy Director General, Department of Communications, Telecom Enforcement, Resources and Monitoring, 3rd Floor, Telecom Building, No.2, Bharathi Park, Road No.II, Coimbatore 641043.

4. The District Collector, Krishnagiri District, Krishnagiri.

5.The Superintendent of Police, Krishnagiri District, Krishnagiri.

6.D.Venkatesan 7.V.Sathya Venkatesan

8.M/s.VIOM Net Works Ltd., presently ATC Telecom infrastructure private Ltd, registered office at No.45, Damodran Street, South Usman Road, Chennai 17.

rep. by its D & M Engineer A.Thiyagarajan ... Respondents Petition filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus, to direct the respondents 1 to 5 to stop the installation of Cell Phone tower by the respondents 6, 7 and 8 in Plot No.189, Himagiri Homes, Punugandoddi village, Alasanatham road, Hosur, Krishnagiri District.

For Petitioner ::: Mr.C.Samuel for Ms.N.Sureka For Respondents ::: Mr.Venkatasamy for R.1 to R.3 Mr.R.Vijayakumar AGP for R.4 and R.5

O R D E R

(The Order of the Court was made by The Hon'ble The Chief Justice) The objection to the installation of the mobile telephone tower is based on factors which have already been taken into account while deciding W.P.Nos.24976 of 2008 etc. batch on 05.03.2015.

2. In view of the aforesaid position, this writ petition cannot be entertained. If there are any requisite permissions which have not been obtained, it is for the petitioner to find out and inform the authorities concerned.

3. The writ petition is dismissed, leaving the parties to bear their own costs. Consequently, connected miscellaneous petition is closed.

Sd/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar

To 1.The Secretary, Union of India, Ministry of Communications, 20, Sanchar Bhavan, Ashok Road, New Delhi.

2.The Secretary, Telecom Regulatory Authority of India (TRAI) Mahanagar Doorsanchar Bhavan, next to Zakir Hussain College, Jawaharlal Nehru Marg, New Delhi 110002.

3.The Deputy Director General, Department of Communications, Telecom Enforcement, Resources and Monitoring, 3rd Floor, Telecom Building, No.2, Bharathi Park, Road No.II, Coimbatore 641043.

4. The District Collector, Krishnagiri District, Krishnagiri. 5.The Superintendent of Police, Krishnagiri District, Krishnagiri.

+1 cc to Mr.C.Samivel, Advocate,sr.47420 +1 cc to Mr.Venkatasamy, advocate,sr.47007 +1 cc to Govt.Pleader,sr.47274.

ak(co) krd 2/9 W.P.No.28801 of 2016