Gtl Infrastructure Limited v. G Ramesh

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.08.2025

CORAM

THE HONOURABLE MRS. JUSTICE J.NISHA BANU AND THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN and C.M.P.Nos.18951 & 18952 of 2025 GTL Infrastructure Limited represented by its Manager, having office at Old No.232 & 186 City Centre 3rd Floor, Purasawalkam High Road, Kilpauk, Chennai - 600 010 ..Appellant Vs.

1. G.Ramesh, S/o Govindhan

2. The District Collector, Kanchipuram District.

3. The District Revenue Officer, Kanchipuram District.

4. The Revenue Divisional Officer, Kanchipuram Revenue Division.

5. The Tahsildar, Kanchipuram Taluk.

6. The Revenue Inspector, Kanchipuram Revenue Firka

7. The Village Administration Officer, Sevilimedu Village.

..Respondents Prayer: Writ Appeal filed under Clause 15 of Letters Patent to set aside the order dated 13.02.2025 made in W.P.No.20189 of 2024. For Appellant : Mr.Sandeep Bagmar.R.

JUDGMENT

(The order of the Court was made by J.Nisha Banu,J.) The appellant, who is the 7th respondent in the writ petition has filed this writ appeal as against the order dated 13.02.2025 made in W.P.No.20189 of 2024.

2.1 The 1st respondent is the petitioner in the writ petition. He has filed the writ petition seeking for a direction to the first to sixth respondents to remove the Mobile Transmitting Tower and other equipments from the petitioner's land measuring about 2400 sq.ft. situated at Sevilimedu Village of Kanchipuram District in Survey Nos.240/2A, 240/2B1.

2.2 The 1st respondent herein/petitioner has given permission to the appellant herein to install the tower on rental basis and the period expired as early as on 30.04.2018 and even though seven years have

passed, no rent has been paid and the tower has not been removed. 2.3 The Writ Court, considering the fact that the 7th respondent/ appellant herein is facing insolvency proceedings and considering the difficulty of the 7th respondent/appellant herein, disposed of the writ petition with certain terms, granting time to the 7th respondent for removal of the tower and with certain directions to the Tahsildar/4th respondent therein in respect of removal of tower. Aggrieved by the said order passed by the Writ Court, the 7th respondent in the writ petition has filed this writ appeal.

3. Heard the learned counsel for the appellant and perused the materials available on record.

4. On perusal of the records, it is seen that the 1st respondent herein, initially, permitted the appellant herein to install the tower on a rental basis and the rental period expired on 30.04.2018. Thereafter, no rent has been paid for seven years and the towers have also not been removed.

5. In similar matters, orders have been passed by this Court for removal of towers. The appellant is facing insolvency proceedings and

thus, finding it difficult to remove the tower. The writ Court, after considering the same, passed a detailed order, disposing the writ petition on certain terms. We find no infirmity in the said order. Therefore, we are not inclined to interfere with the order passed by the Writ Court. Hence, the Writ Appeal stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed.

[J.N.B.,J.] [M.J.R.,J.] 06.08.2025 vsi Speaking order/Non-speaking order To

1. The District Collector, Kanchipuram District.

2. The District Revenue Officer, Kanchipuram District.

3. The Revenue Divisional Officer, Kanchipuram Revenue Division.

4. The Tahsildar, Kanchipuram Taluk.

5. The Revenue Inspector, Kanchipuram Revenue Firka

6. The Village Administration Officer, Sevilimedu Village.

J.NISHA BANU,J.

AND M.JOTHIRAMAN,J.

Vsi 06.08.2025